Humanitext Reader

Justinian I · The Digest of Justinian §42.1.2.pr

Variation and Early Execution of Judgment Periods

Passage 6853 of 9271 · Latin

Summary

Ulpian explains that a judge on the tribunal may shorten or extend the period for executing a judgment based on the nature of the case and the parties' conduct, and notes exceptional cases where judgments are executed within the standard time, such as for maintenance or relief of minors.

[ULPIANUS libro sexto ad edictum. ] §42.1.2.prQui pro tribunali cognoscit, non semper tempus iudicati seruat, sed nonnumquam artat, nonnumquam prorogat pro causae qualitate et quantitate uel personarum obsequio uel contumacia.
[ULPIANUS, in the sixth book on the Edict.] He who hears a case on the tribunal does not always observe the time allowed for the judgment, but sometimes shortens it, and sometimes extends it, according to the quality and quantity of the case, or the compliance or contumacy of the persons.
sed perraro intra statutum tempus sententiae exsequentur, ueluti si alimenta constituantur uel minori uiginti quinque annis subuenitur.
But very rarely are judgments executed within the prescribed time, as for example, if maintenance is decreed or relief is granted to a person under twenty-five years of age.

Notes

  1. §42.1.2.prpro tribunali — Meaning 'on the tribunal'. It indicates that the judge conducts the trial in an official capacity from the formal platform, contrasted with informal proceedings conducted on level ground (de plano).
  2. §42.1.2.prtempus iudicati — Refers to 'the time allowed for the judgment'. Here, iudicati is the genitive of the neuter noun iudicatum (the matter adjudged), representing the statutory period (traditionally thirty days) allowed for the satisfaction of a judgment.
  3. §42.1.2.printra statutum tempus — Translated as 'within the prescribed time'. It means that the execution of the judgment is carried out more rapidly, without waiting for the expiration of the usual statutory period.
  4. §42.1.2.prminori uiginti quinque annis subuenitur — The verb subuenitur is used impersonally in the passive ('relief is granted'). Minori is the dative of the comparative adjective minor (younger), and annis is the ablative of comparison. It refers to the legal procedure where relief, such as restoration to the original state (restitutio in integrum), is granted to minors under twenty-five years of age.

Cite this passage

Justinian I, The Digest of Justinian §42.1.2.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:42.1.2.pr

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