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Justinian I · The Digest of Justinian §3.3.29.pr

Suing Principal Over Procurator Appointed in Rem Suam

Passage 512 of 9271 · Latin

Summary

States that even if a procurator has been appointed for his own benefit, if the plaintiff prefers to sue the principal instead, he must be allowed to do so.

[IDEM libro nono ad edictum. ] §3.3.29.prSi actor malit dominum potius conuenire quam eum qui in rem suam procurator est, dicendum est ei licere.
[THE SAME, in the ninth book on the Edict.] If the plaintiff should prefer to sue the principal rather than him who is the procurator for his own benefit, it must be said that he is permitted to do so.

Notes

  1. §3.3.29.prconuenire — Here, conuenire is used in the sense of "to sue" or "to summon to court as a defendant," taking the accusatives dominum and eum as its direct objects.
  2. §3.3.29.prdicendum est ei licere — dicendum est is an impersonal gerundive construction ("it must be said") governing the accusative and infinitive (A.C.I.) clause ei licere, where the dative pronoun ei refers back to the plaintiff (actor) and functions as the logical subject of the impersonal infinitive licere.

Cite this passage

Justinian I, The Digest of Justinian §3.3.29.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:3.3.29.pr

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