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Justinian I · The Digest of Justinian §42.1.47.pr-42.1.47.1

Presence of Parties and Judgments on Defaulters

Passage 6899 of 9271 · Latin

Summary

This text rules that a judgment must be rendered in the presence of all parties concerned, otherwise being valid only between those present, and that those who neglect to defend themselves before the treasury despite multiple summons are subject to res iudicata.

[PAULUS libro quinto sententiarum. ] §42.1.47.prDe unoquoque negotio praesentibus omnibus, quos causa contingit, iudicari oportet: aliter enim iudicatum tantum inter praesentes tenet.
[PAULUS, in the fifth book of Opinions.] In every matter, judgment must be rendered in the presence of all those whom the case concerns; for otherwise, the judgment is binding only between those who are present.
§42.1.47.1Qui apud fiscum causam defendere saepius conuenti neglexerint, rebus iudicatis subiciendi sunt.
Those who, having been frequently summoned to defend their case before the treasury, have neglected to do so, must be subjected to the force of res iudicata.
quod eo apparet, si saepe conuenti praesentiam suam facere noluerint.
This becomes apparent from the fact if, having been frequently summoned, they refuse to make their appearance.

Notes

  1. §42.1.47.prpraesentibus omnibus, quos causa contingit — The phrase praesentibus omnibus is an ablative absolute denoting attendant circumstances. In the relative clause quos causa contingit, causa is the subject, and the verb contingit ("concerns" or "touches") takes the accusative relative pronoun quos as its object.
  2. §42.1.47.1quod eo apparet, si — The relative pronoun quod is used as a connective referring to the preceding sentence, serving as the subject. The ablative pronoun eo ("by this fact") points forward to and is explained by the conditional clause starting with si. Thus, it means "this becomes apparent from the fact, if they refuse..."

Cite this passage

Justinian I, The Digest of Justinian §42.1.47.pr-42.1.47.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:42.1.47.pr-42.1.47.1

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