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Justinian I · The Digest of Justinian §4.6.39.pr

Denial of Restitution for Absentees Leaving a Defender

Passage 802 of 9271 · Latin

Summary

It states that a person absent on public business is not entitled to the extraordinary remedy of restoration to his original position if he left an agent who could have defended him.

[PAULUS libro primo sententiarum. ] §4.6.39.prIs qui rei publicae causa afuturus erat, si procuratorem reliquerit, per quem defendi potuit, in integrum uolens restitui non auditur.
[PAULUS, Sentences, Book I]\n\nA person who was about to be absent on public business, if he left an agent through whom he could have been defended, is not heard when he wishes to be restored to his original position.

Notes

  1. §4.6.39.prin integrum ... restitui — The verbal expression of the legal phrase 'in integrum restitutio' (restoration to the original condition), an extraordinary remedy granted by the magistrate to someone who suffered a legal disadvantage due to absence. Here, the passive infinitive 'restitui' serves as the complement to 'uolens' (wishing).
  2. §4.6.39.prdefendi potuit — The passive infinitive 'defendi' refers to being defended as a defendant in a lawsuit. The indicative perfect 'potuit' (could have been / was able to be) indicates the objective fact that defense was possible because an agent (procurator) had been appointed.
  3. §4.6.39.prnon auditur — Literally 'is not heard.' A legal idiom meaning that one's petition or claim (in this case, for restoration) is not admitted or is dismissed by the magistrate or judge.

Cite this passage

Justinian I, The Digest of Justinian §4.6.39.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:4.6.39.pr

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