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Justinian I · The Digest of Justinian §3.3.61.pr

Conditions for Suing a Condemned Procurator

Passage 544 of 9271 · Latin

Summary

This section presents Plautius' view, approved by all, on when a condemned procurator or defender can be sued, specifically when they acted in their own interest or voluntarily despite knowing the lack of security.

[IDEM libro primo ad Plautium. ] §3.3.61.prPlautius ait: procuratorem damnatum non debere conueniri, nisi aut in rem suam datus esset aut optulisset se, cum sciret cautum non esse, omnibus placuit.
[THE SAME in the first book on Plautius.] Plautius says that a condemned procurator ought not to be sued, unless he was appointed for his own interest, or had offered himself knowing that security had not been given; and this was approved by everyone.
idem erit obseruandum et si defensoris loco cum satisdatione se liti optulerit.
The same must be observed also if he has offered himself for the lawsuit in the position of a defender with security.

Notes

  1. 3.3.61.prPlautius ait: procuratorem damnatum non debere conueniri... omnibus placuit — The entire opinion of Plautius, containing the accusative and infinitive clause (procuratorem ... non debere conueniri) introduced by Plautius ait, serves as the subject or focus of approval for the main verb omnibus placuit (it was approved by everyone).
  2. 3.3.61.prcautum non esse — A negative form of the impersonal passive infinitive cautum esse, acting as the object of the verb sciret (he knew). It refers to the state where security (cautio) has not been provided in the lawsuit.
  3. 3.3.61.prse liti optulerit — liti is a dative governed by the perfect form of offerre, optulerit (here future perfect indicative or perfect subjunctive). Literally 'to offer oneself to the lawsuit (lis)', meaning to voluntarily intervene or take part in the litigation.

Cite this passage

Justinian I, The Digest of Justinian §3.3.61.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:3.3.61.pr

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