Justinian I · The Digest of Justinian §4.8.46.pr

Scope of Arbitral Decision Limited to Existing Disputes

Passage 868 of 9271 · Latin

Summary

It stipulates that an arbitrator can only decide on disputes and matters that existed between the parties from the beginning of the submission, excluding those that arose after the agreement.

[PAULUS libro duodecimo ad Sabinum. ] §4.8.46.prDe his rebus et rationibus et controuersiis iudicare arbiter potest, quae ab initio fuissent inter eos qui compromiserunt, non quae postea superuenerunt.

[PAULUS in his twelfth book on Sabinus.] An arbitrator can judge concerning those matters, accounts, and disputes which had existed from the beginning between those who entered into the submission, not those which arose afterwards.

Notes

4.8.46.prfuissent — Subjunctive pluperfect in the relative clause introduced by quae. It denotes a subjunctive of characteristic, defining or limiting the scope of matters that could be subject to the submission, or indicating what had already existed prior to the time of the agreement. In contrast, the subsequent relative clause uses the indicative perfect superuenerunt.
4.8.46.prnon quae — An elliptical expression for non de iis quae. The preposition de and the demonstrative pronoun iis (corresponding to his in the first clause) are omitted for conciseness.

Cite this passage

Justinian I, The Digest of Justinian §4.8.46.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:4.8.46.pr

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