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Justinian I · The Digest of Justinian §3.3.32.pr

Multiple Procurators: Priority by Prior Legal Action

Passage 515 of 9271 · Latin

Summary

This fragment establishes that when multiple procurators are appointed simultaneously for the whole, the one who first takes legal action is preferred, preventing the subsequent procurator from interfering with the claim.

[PAULUS libro octauo ad edictum. ] §3.3.32.prPluribus procuratoribus in solidum simul datis occupantis melior condicio erit, ut posterior non sit in eo quod prior petit procurator.
[PAULUS, in the eighth book on the Edict.] When several procurators have been appointed at the same time for the whole, the position of the one who first takes action will be better, so that the later one has no part in that which the prior procurator is claiming.

Notes

  1. §3.3.32.prPluribus procuratoribus ... simul datis — An ablative absolute construction expressing the conditional circumstance under which the main clause operates. The phrase in solidum means "for the whole" or "jointly and severally," indicating that each procurator is authorized to claim the full amount individually.
  2. §3.3.32.proccupantis — Genitive singular of the present participle occupans ("the one who takes action first" or "the preempting one"), showing possession or relation with the subject melior condicio. It refers to the procurator who first initiates or engages in the legal proceedings.
  3. §3.3.32.prut posterior non sit in eo quod prior petit procurator — The clause introduced by the conjunction ut expresses consequence or restrictive explanation. The phrase in eo means "[not] to be in that matter," with the relative clause quod prior petit procurator ("which the prior procurator is claiming") qualifying the antecedent eo. Together, it indicates that the later procurator is excluded from participating in the claim already initiated.

Cite this passage

Justinian I, The Digest of Justinian §3.3.32.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:3.3.32.pr

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