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Justinian I · The Digest of Justinian §3.3.53.pr

Requirement of Security for a Valid Defense by an Agent

Passage 536 of 9271 · Latin

Summary

It specifies that defense in a lawsuit is not legally recognized unless the representative is prepared to provide security.

[ULPIANUS libro sexagensimo ad edictum. ] §3.3.53.prnon uidetur defendere, nisi satisdare fuerit paratus.
[ULPIANUS in the sixtieth book on the edict.] he is not deemed to defend, unless he is prepared to give security.

Notes

  1. §3.3.53.prnon uidetur defendere — The subject is contextually the litigation representative (procurator) appearing on behalf of the principal, logically continuing from the "person of consular rank" in the preceding chunk (D. 3.3.52.pr). The verb 'defendere' is used in the technical legal sense of "lawfully conducting defense in a lawsuit."
  2. §3.3.53.prsatisdare fuerit paratus — 'satisdare' means "to provide sufficient security (or guaranty)" in a legal context. 'fuerit paratus' is a perfect-system form (future perfect or perfect subjunctive) of 'paratus sum' (to be prepared), which in the conditional 'nisi' clause requires a state of being fully ready to give security as a prerequisite for being deemed to defend.

Cite this passage

Justinian I, The Digest of Justinian §3.3.53.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:3.3.53.pr

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