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Justinian I · The Digest of Justinian §42.1.28.pr

Suspension of Conflicting Judgments by Two Judges

Passage 6880 of 9271 · Latin

Summary

Modestinus rules that when two appointed judges render conflicting judgments, both decisions remain in suspense until a competent judge confirms one of them.

[IDEM libro duodecimo responsorum. ] §42.1.28.prDuo iudices dati diuersas sententias dederunt.
[THE SAME, in the twelfth book of Responses.] Two appointed judges rendered different judgments.
Modestinus respondit utramque sententiam in pendenti esse, donec competens iudex unam earum confirmauerit.
Modestinus replied that both judgments are in suspense until a competent judge has confirmed one of them.

Notes

  1. §42.1.28.prdati — A perfect participle modifying iudices. In Roman law, a iudex datus (appointed judge) refers to a private citizen selected by a magistrate to hear and decide a specific civil dispute.
  2. §42.1.28.prin pendenti — An idiomatic expression composed of the preposition in and the neuter singular ablative of the participle/adjective pendens (hanging, pending), meaning "in suspense" or "pending" as a legal status.
  3. §42.1.28.prconfirmauerit — The verb in the subordinate clause introduced by the conjunction donec (until). Within the indirect speech (accusative with infinitive) dependent on the past-tense main verb respondit, the perfect subjunctive is used to denote an action that will have been completed in the future.

Cite this passage

Justinian I, The Digest of Justinian §42.1.28.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:42.1.28.pr

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