Humanitext Reader

Justinian I · The Digest of Justinian §3.3.31.pr-3.3.31.2

Condemned Procurator as Heir and Multiple Appointments

Passage 514 of 9271 · Latin

Summary

Rules are established regarding execution on a judgment and recourse against co-heirs when a procurator becomes the principal's heir after condemnation, alongside rules on appointing multiple procurators.

[ULPIANUS libro nono ad edictum. ] §3.3.31.prSi quis, cum procuratorio nomine condemnatus esset, heres extiterit domino litis: iudicati actionem non recte recusabit.
[ULPIANUS, in the ninth book on the Edict.] If anyone, having been condemned in the name of a procurator, should become heir to the principal of the lawsuit, he will not rightly refuse the action on the judgment.
hoc si ex asse.
This is so if he is the heir to the whole estate.
sin autem ex parte heres extiterit et totum soluerit, si quidem ei mandatum est hoc quoque ut soluat, mandati actionem aduersus coheredes habebit: si non sit mandatum, negotiorum gestorum actio datur.
But if he should become heir in part and has paid the whole, then, if indeed it was mandated to him to pay this as well, he will have an action of mandate against his co-heirs; if it was not mandated, an action on conducting business is given.
quod est et si heres procurator non exstiterit et soluerit.
This is also the case if the procurator has not become heir and yet has paid.
§3.3.31.1Unius litis plurium personarum plures dari procuratores non est prohibitum.
It is not prohibited that for a single lawsuit of several persons, several procurators are appointed.
§3.3.31.2Iulianus ait eum, qui dedit diuersis temporibus procuratores duos, posteriorem dando priorem prohibuisse uideri.
Julian says that he who has appointed two procurators at different times is deemed, by appointing the later one, to have forbidden the former.

Notes

  1. 3.3.31.prprocuratorio nomine — Under the formulary system, the procurator becomes the party to the lawsuit, and therefore the condemnation (condemnatio) in the judgment is issued in the name of the procurator, not the principal. This is expressed by 'in the name of a procurator'.
  2. 3.3.31.prex asse — In Roman law, the 'as' represents the whole unit (12/12), and therefore `ex asse heres` means a sole heir (heir to the entire estate). In contrast, the subsequent `ex parte` means a partial heir (one of the co-heirs).

Cite this passage

Justinian I, The Digest of Justinian §3.3.31.pr-3.3.31.2. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:3.3.31.pr-3.3.31.2

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.