Humanitext Reader

Justinian I · The Digest of Justinian §3.4.2.pr

Agents Appointed by Corporate Entities versus Individuals

Passage 563 of 9271 · Latin

Summary

Ulpian explains that an agent appointed by a municipality or corporation represents the collective entity itself rather than its individual members, and therefore should not be treated as if appointed by several individuals.

[ULPIANUS libro octauo ad edictum. ] §3.4.2.prSi municipes uel aliqua uniuersitas ad agendum det actorem, non erit dicendum quasi a pluribus datum sic haberi: hic enim pro re publica uel uniuersitate interuenit, non pro singulis.
[ULPIAN, in the eighth book on the Edict.] If the citizens of a municipium or any corporation should appoint an agent for the purpose of bringing an action, it must not be said that he is to be regarded as though he were appointed by a number of individuals; for he intervenes on behalf of the public body or the corporation, not on behalf of the individuals.

Notes

  1. §3.4.2.prnon erit dicendum quasi a pluribus datum sic haberi — The phrase non erit dicendum is an impersonal construction using a gerundive of obligation ("it must not be said"). datum is a perfect passive participle in the accusative masculine singular agreeing with the preceding actorem, modifying the implied subject of the passive infinitive haberi. The clause denies that the corporate agent should be treated (haberi) as though (quasi) he had been appointed (datum) by several individuals (a pluribus).

Cite this passage

Justinian I, The Digest of Justinian §3.4.2.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:3.4.2.pr

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