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Justinian I · The Digest of Justinian §28.8.3.pr

Repeated Extensions of Deliberation Period by the Praetor

Passage 4351 of 9271 · Latin

Summary

Ulpian points out that a period for deliberation can be granted more than once if the praetor is convinced that the time originally prescribed was insufficient.

[ULPIANUS libro sexagesimo ad edictum. ] §28.8.3.prNec non illud sciendum nonnumquam semel, nonnumquam saepius diem ad deliberandum datum esse, dum praetori suadetur tempus, quod primum aditus praestituerat, non suffecisse:
[ULPIANUS, in the sixtieth book on the Edict.] Likewise, it should be known that a period for deliberation is granted sometimes once, sometimes more often, provided that the praetor is persuaded that the time which he, when first approached, had prescribed was not sufficient:

Notes

  1. §28.8.3.prillud sciendum — sciendum [esse] is an impersonal gerundive construction expressing obligation ('it should be known'). illud is a proleptic demonstrative pronoun anticipating the subsequent accusative and infinitive clauses (diem ... datum esse and tempus ... non suffecisse).
  2. §28.8.3.praditus — The perfect participle (nominative singular masculine) of the verb adeo ('to approach', 'to apply to'). In the relative clause 'quod primum aditus praestituerat', it modifies the subject of 'praestituerat' (the praetor), meaning 'the praetor, having been approached (first)'. Although it could be parsed as the fourth-declension noun aditus ('approach', 'application'), it is more naturally interpreted as a participle because the person prescribing the period is the praetor, not the application itself.
  3. §28.8.3.prdum praetori suadetur — dum + indicative present introduces a conditional or temporal circumstance ('as long as', 'provided that'). suadetur is used impersonally with the dative praetori, and the subsequent accusative and infinitive clause tempus ... non suffecisse serves as its subject/content, meaning 'provided that the praetor is persuaded that the time ... was not sufficient'.

Cite this passage

Justinian I, The Digest of Justinian §28.8.3.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:28.8.3.pr

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