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Justinian I · The Digest of Justinian §3.3.41.pr

Exceptional Representation of Ill or Elderly Parents by Women

Passage 524 of 9271 · Latin

Summary

This section explains the requirements under which women are exceptionally permitted to act in court on behalf of their parents, provided that the parents are prevented by illness or age and have no other representative.

[PAULUS libro nono ad edictum. ] §3.3.41.prFeminas pro parentibus agere interdum permittetur causa cognita, si forte parentes morbus aut aetas impediat, nec quemquam qui agat habeant.
[PAULUS in the ninth book on the Edict.] It will sometimes be permitted, after an inquiry into the case, for women to act on behalf of their parents, if by chance illness or age prevents the parents, and they have no one to act for them.

Notes

  1. §3.3.41.prFeminas pro parentibus agere — An accusative with infinitive clause functioning as the subject of the future passive verb `permittetur` used impersonally. `Feminas` is the subject of the infinitive `agere`.
  2. §3.3.41.prcausa cognita — Ablative absolute. In legal contexts, it represents a prerequisite meaning "after an inquiry into the facts/case."
  3. §3.3.41.prqui agat — A relative clause with the subjunctive present `agat` (subjunctive of characteristic), indicating that the antecedent `quemquam` is "someone who would act [as a representative]" in court.

Cite this passage

Justinian I, The Digest of Justinian §3.3.41.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:3.3.41.pr

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