Humanitext Reader

Justinian I · The Digest of Justinian §3.4.3.pr

Authority to Sue on Behalf of a City or Curia

Passage 564 of 9271 · Latin

Summary

This section states that no one is allowed to sue in the name of a city or curia except those authorized by law, or, in the absence of law, designated by the city council when at least a two-thirds quorum is present.

[IDEM libro nono ad edictum. ] §3.4.3.prNulli permittitur nomine ciuitatis uel curiae experiri nisi ei, cui lex permittit, aut lege cessante ordo dedit, cum duae partes adessent aut amplius quam duae.
[THE SAME, in the ninth book on the Edict.] No one is permitted to bring an action in the name of a city or a curia, except a person to whom the law permits it, or to whom, in the absence of a law, the city council has granted the authority, when two-thirds or more than two-thirds were present.

Notes

  1. §3.4.3.prexperiri — Present infinitive of the deponent verb experior (to try, to contest). In this context of acting "in the name of a city or curia," it is used in its technical legal sense of "to bring an action" or "to sue."
  2. §3.4.3.prlege cessante — An ablative absolute construction consisting of the singular ablative of the noun lex (law) and the singular ablative of the present participle of cesso (to cease, to be inactive). It means "when there is no applicable law" or "in the absence of a statutory provision."
  3. §3.4.3.prordo — Refers here to the "city council" or "local senate" (ordo decurionum) of a municipality in the Roman Empire. It functions as the subject that grants (dedit) the authority to the agent.
  4. §3.4.3.prduae partes — Literally "two parts," but in Latin fractional notation where the denominator is one greater than the numerator, this is a standard idiomatic expression for "two-thirds" (duae partes tertiae). It indicates the quorum (the presence of at least two-thirds of the members) required for the council's decision.

Cite this passage

Justinian I, The Digest of Justinian §3.4.3.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:3.4.3.pr

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