Justinian I · The Digest of Justinian §3.3.78.pr-3.3.78.1

Bad-Faith Defense to Stall Claims and Partial Suits by Agents

Passage 561 of 9271 · Latin

Summary

This passage states that a defense aimed at stalling the plaintiff and preventing a resolution cannot be deemed proper, and clarifies the validity of a procurator's action when claiming only one of two designated things.

[AFRICANUS libro sexto quaestionum. ] §3.3.78.prEt ideo non potest uideri boni uiri arbitratu litem defendere is, qui actorem frustrando efficiat, ne ad exitum controuersia deducatur.

[AFRICANUS, in the sixth book of Questions.] And therefore, a person who, by frustrating the plaintiff, brings it about that the controversy is not brought to a conclusion, cannot be deemed to defend the suit in accordance with the judgment of a good man.

§3.3.78.1Ad duas res petendas procurator datus si unam rem petat, exceptione non excluditur et rem in iudicium deducit.

If a procurator appointed to claim two things claims only one, he is not barred by an objection, and he brings that matter to trial.

Notes

3.3.78.prefficiat, ne ... deducatur — The verb efficere (to bring about, effect) takes an object clause introduced by ne with the subjunctive (deducatur) to express a negative result (to bring about that ... not). Here, this construction is nested inside the relative clause of characteristic with the subjunctive efficiat.
3.3.78.1Ad duas res petendas — The preposition ad followed by the accusative noun res and the agreeing gerundive petendas expresses purpose ('for the purpose of claiming two things'). This entire phrase modifies procurator datus (an appointed procurator).

Cite this passage

Justinian I, The Digest of Justinian §3.3.78.pr-3.3.78.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:3.3.78.pr-3.3.78.1

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