Justinian I · The Digest of Justinian §4.4.21.pr

Definition of Abandoning Suit as Distinct from Delay

Passage 723 of 9271 · Latin

Summary

Clarifies the definition of "abandoning" a suit mentioned in the previous section, specifying that it means altogether renouncing the litigation rather than merely postponing it.

[IDEM libro decimo ad edictum. ] §4.4.21.prDestitisse autem is uidetur non qui distulit, sed qui liti renuntiauit in totum.

[THE SAME in the tenth book on the Edict.] But he is deemed to have abandoned his suit, not who has postponed it, but who has renounced the litigation altogether.

Notes

4.4.21.prDestitisse autem is uidetur — The perfect infinitive destitisse serves as the complement of the passive personal verb uidetur (nominative with infinitive construction), with the demonstrative pronoun is as its logical subject. This is is further defined and contrasted by the subsequent relative clauses non qui... sed qui...
4.4.21.prliti renuntiauit — The verb renuntio (to renounce, abandon) governs the dative case (liti, from lis) to indicate the object of renunciation, rather than the accusative.

Cite this passage

Justinian I, The Digest of Justinian §4.4.21.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:4.4.21.pr

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