Humanitext Reader

Justinian I · The Digest of Justinian §44.1.12.pr

General Rule on the Role of Plaintiff in Preliminary Actions

Passage 7201 of 9271 · Latin

Summary

Ulpian establishes the general rule determining who assumes the role of plaintiff in preliminary actions (praeiudicia).

[ULPIANUS libro trigensimo octauo ad edictum. ] §44.1.12.prGeneraliter in praeiudiciis is actoris partes sustinet, qui habet intentionem secundum id quod intendit.
[ULPIAN in the thirty-eighth book on the Edict.] Generally, in preliminary actions, he plays the part of the plaintiff who has the claim (intentio) according to that which he claims.

Notes

  1. §44.1.12.prin praeiudiciis — Ablative plural of the noun 'praeiudicium'. In Roman law, this refers to preliminary actions or declaratory procedures (e.g., establishing a status such as freedom or paternity) before a main trial. Because the distinction between plaintiff and defendant is not inherently obvious in these actions, a rule is required to determine who plays the part of the plaintiff (actoris partes).
  2. §44.1.12.printentionem secundum id quod intendit — The noun 'intentio' refers to the core part of the formulary system stating the plaintiff's claim. It shares its root with the verb 'intendere' (to claim, contend). Coupled with the limiting clause 'secundum id quod intendit' (according to that which he claims), it means that the party who is actively asserting a right in the action is deemed to possess the intentio and thus acts as the plaintiff.

Cite this passage

Justinian I, The Digest of Justinian §44.1.12.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:44.1.12.pr

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