Humanitext Reader

Justinian I · The Digest of Justinian §3.3.38.pr

Prohibition of Improper Division of Defense

Passage 521 of 9271 · Latin

Summary

Ulpian explains that an improper division of defense, such as two defenders offering to defend five each against a claim of ten, must not be allowed.

[IDEM libro quadragensimo ad edictum. ] §3.3.38.prNon tamen eo usque procedendum erit, ut, si decem petantur et exstant duo defensores parati in quina defendere, audiantur.
[THE SAME in the fortieth book on the Edict.] However, we must not go so far as to allow them to be heard, if ten are claimed and two defenders present themselves ready to defend for five each.

Notes

  1. §3.3.38.prprocedendum erit, ut — The impersonal gerundive (procedendum erit) is followed by the adverbial phrase of degree 'eo usque' and the corresponding 'ut' clause with the subjunctive 'audiantur'. It means 'we must not proceed to such an extent that they are heard'.
  2. §3.3.38.prquina — The neuter plural accusative of the distributive numeral 'quini, ae, a'. Used with the preposition 'in', it means 'for five each', indicating that the claim of ten (decem) is split into five for each of the two defenders.

Cite this passage

Justinian I, The Digest of Justinian §3.3.38.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:3.3.38.pr

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.