Humanitext Reader

Justinian I · The Digest of Justinian §3.3.37.pr-3.3.37.1

Duty to Defend All Actions and Multiple Defenders

Passage 520 of 9271 · Latin

Summary

Ulpian states that a defender must defend all actions, including those not transmissible to heirs, and notes that a defendant is considered properly defended if individual defenders present themselves for each of multiple actions brought by an opponent.

[ULPIANUS libro nono ad edictum. ] §3.3.37.prOmnium autem actionum nomine debet defendere, etiam earum quae in heredem non dantur.
[ULPIANUS in the ninth book on the Edict.] But he must defend in the name of all actions, even of those which are not granted against an heir.
§3.3.37.1Unde est quaesitum: si aduersarius plures intendat actiones et in singulas singuli existant defensores suscipere parati, uideri eum recte defendi Iulianus ait.
Hence the question arose: if the adversary brings several actions, and for each action individual defenders present themselves ready to undertake them, Julian says that he is deemed to be properly defended.
quo iure nos uti Pomponius scribit.
Pomponius writes that we follow this rule.

Notes

  1. §3.3.37.prearum quae in heredem non dantur — earum is a demonstrative pronoun in the genitive plural, referring back to actionum. The preposition in with the accusative heredem means "against the heir". Thus, the phrase refers to actions (such as personal or penal actions) that are not transmissible and cannot be brought against the heir of the defendant.
  2. §3.3.37.1quo iure — This is a connecting relative (relative of connection), equivalent to et eo iure. The noun iure is in the ablative case because it is governed by the deponent verb uti (to use, follow). The entire clause forms an accusative-with-infinitive construction (nos as subject accusative, uti as infinitive) dependent on Pomponius scribit.

Cite this passage

Justinian I, The Digest of Justinian §3.3.37.pr-3.3.37.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:3.3.37.pr-3.3.37.1

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.