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Justinian I · The Digest of Justinian §3.1.10.pr

Lawsuits of Fiscal Advocates and Decurions Against Their Own Entities

Passage 457 of 9271 · Latin

Summary

This section permits fiscal advocates to sue the fiscus in cases concerning themselves or their close relatives, and prohibits decurions from suing their own municipality except in cases involving those same relatives.

[PAULUS libro singulari regularum. ] §3.1.10.prHi qui fisci causas agunt suam uel filiorum et parentium suorum uel pupillorum quorum tutelas gerunt causam et aduersus fiscum agere non prohibentur.
[PAULUS, in his Single Book of Rules.] Those who conduct the cases of the fiscus are not prohibited from conducting, even against the fiscus, their own case, or that of their children and parents, or of pupils whose guardianship they administer.
decuriones quoque contra patriam suam causas agere prohibentur, praeter superiores personas.
Decurions also are prohibited from conducting cases against their own municipality, except for the aforementioned persons.

Notes

  1. §3.1.10.prfisci — Objective genitive modifying causas, meaning 'those who manage the cases of the fiscus.'
  2. §3.1.10.pret — Here et functions as an adverb meaning 'even' (etiam), emphasizing that they can conduct cases 'even against the fiscus.'
  3. §3.1.10.prsuperiores personas — Refers to the persons mentioned in the preceding sentence ('oneself, children, parents, or pupils'). While decurions are generally prohibited from suing their own municipality, an exception is made for cases involving these closely related persons.

Cite this passage

Justinian I, The Digest of Justinian §3.1.10.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:3.1.10.pr

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