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Justinian I · The Digest of Justinian §3.3.65.pr

Security Exemption and Validity for Absent Procurator

Passage 548 of 9271 · Latin

Summary

The passage explains the written notification procedure required for a master to excuse an absent procurator from giving security, and the lasting validity of the procurator's legal actions once that notification is approved.

[IDEM libro singulari de heurematicis. ] §3.3.65.prSi procuratorem absentem dominus satisdatione releuare uelit, litteras suas ad aduersarium derigere debebit, quibus significet, quem aduersus eum procuratorem et in qua causa fecerit, ratumque se habiturum quod cum eo actum sit: hoc enim casu litteris eius adprobatis uelut praesentis procuratorem interuenire intellegendum est.
[THE SAME in his single book On Heurematics.] If a master wishes to release an absent procurator from the requirement of giving security, he must direct his letter to the opponent, in which he should indicate whom he has appointed as procurator against him and in what case, and that he will ratify whatever has been done with him; for in this case, upon the approval of his letter, it is to be understood that the procurator intervenes as if the master were present.
itaque etsi postea mutata uoluntate procuratorem esse noluerit, tamen iudicium, quo quasi procurator expertus est, ratum esse debet.
Therefore, even if he afterwards changes his mind and does not want him to be the procurator, nevertheless the judgment in which he engaged as procurator must be held valid.

Notes

  1. §3.3.65.prratumque se habiturum — This is an accusative with infinitive clause (indirect speech) dependent on significet, with esse omitted after habiturum. se is the subject accusative referring to the main subject dominus, serving as the subject of the phrase ratum habere (to ratify).
  2. §3.3.65.pruelut praesentis — The genitive singular praesentis modifies the omitted domini (of the master). It stands in contrast to procuratorem absentem (an absent procurator) at the beginning of the sentence, meaning 'as if the procurator of the master who is present intervened'.
  3. §3.3.65.prquasi procurator expertus est — expertus est is the perfect tense of the deponent verb experior (to try a case, go to law). quasi procurator (as if a procurator) functions as a subject complement modifying the subject of the verb (the procurator).

Cite this passage

Justinian I, The Digest of Justinian §3.3.65.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:3.3.65.pr

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