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Justinian I · The Digest of Justinian §3.3.55.pr

Precedence of a Procurator in Rem Suam over the Principal

Passage 538 of 9271 · Latin

Summary

Ulpian explains that when a procurator in rem suam (an agent in his own interest) is appointed, the principal does not take precedence over the agent in bringing suit or receiving money.

[ULPIANUS libro sexagensimo quinto ad edictum. ] §3.3.55.prProcuratore in rem suam dato praeferendus non est dominus procuratori in litem mouendam uel pecuniam suscipiendam: qui enim suo nomine utiles actiones habet, rite eas intendit.
[ULPIANUS in the sixty-fifth book on the edict.] When an agent in his own interest has been appointed, the principal is not to be preferred to the agent in bringing an action or receiving money; for he who has beneficial actions in his own name lawfully brings them.

Notes

  1. §3.3.55.prProcuratore in rem suam dato — An ablative absolute construction consisting of the noun procuratore and the perfect participle dato, expressing condition or circumstance ("when an agent... has been appointed"). A procurator in rem suam is an agent appointed to act in his own interest, effectively acting as an assignee.
  2. §3.3.55.prpraeferendus non est dominus procuratori — praeferendus is a gerundive (future passive participle) agreeing in gender, number, and case with the subject dominus ("the principal is not to be preferred"), expressing necessity or propriety. procuratori is the dative case governed by the verb praeferre ("to the agent").
  3. §3.3.55.prin litem mouendam uel pecuniam suscipiendam — The preposition in followed by gerundive constructions in the accusative. litem mouendam and pecuniam suscipiendam respectively mean "bringing an action" and "receiving money," expressing the area or purpose of the action ("in" or "for").

Cite this passage

Justinian I, The Digest of Justinian §3.3.55.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:3.3.55.pr

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