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Justinian I · The Digest of Justinian §4.8.14.pr

Setting Trial Dates and Compulsion in Submissions without Deadlines

Passage 835 of 9271 · Latin

Summary

This section rules that if a submission to arbitration is made without a deadline, the arbitrator must set trial dates with the parties' consent to hear the case, and if they fail to do so, they can be compelled to give an award at any time.

[POMPONIUS libro undecimo ad Quintum Mucium. ] §4.8.14.prSed si compromissum sine die confectum est, necesse est arbitro omnimodo dies¹ statuere, partibus scilicet consentientibus, et ita causam disceptari: quod si hoc praetermiserit, omni tempore cogendus est sententiam dicere.
[POMPONIUS in his eleventh book on Quintus Mucius.] But if a submission to arbitration has been made without a day being fixed, it is necessary for the arbitrator by all means to appoint days, with the consent of the parties of course, and for the case to be debated in this manner; but if he has omitted this, he is to be compelled at any time to give his award.

Notes

  1. 4.8.14.prnecesse est arbitro omnimodo dies statuere, partibus scilicet consentientibus, et ita causam disceptari — Two infinitive clauses are dependent in parallel on the impersonal expression `necesse est`: the active infinitive `statuere` (with `dies` as its accusative object) and the passive infinitive phrase `causam disceptari` (with `causam` as its subject accusative). The dative `arbitro` functions as the logical subject of `statuere`. The phrase `partibus... consentientibus` is an ablative absolute.
  2. 4.8.14.promni tempore — Ablative of time. It means 'at any time' or 'always', indicating that because no termination date was set in the submission to arbitration, the arbitrator remains perpetually subject to the obligation to give an award.

Cite this passage

Justinian I, The Digest of Justinian §4.8.14.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:4.8.14.pr

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