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Justinian I · The Digest of Justinian §46.7.10.pr

Security for Judgment by Appointed and Voluntary Agents

Passage 7820 of 9271 · Latin

Summary

Explains how the liability to provide security for the payment of the judgment and the parties to the stipulation differ depending on whether the procurator is officially appointed or undertakes the defense voluntarily.

[MODESTINUS libro quarto pandectarum. ] §46.7.10.prSi ad defendendum procurator datus fuerit, satisdare iubetur iudicatum solui stipulatione, quae non ab ipso procuratore, sed a domino litis interponitur.
[MODESTINUS, Pandects, book 4.] If a procurator has been given for defense, he is ordered to give security by the stipulation for the payment of the judgment, which is entered into not by the procurator himself, but by the owner of the suit.
quod si procurator aliquem defendat, ipse cogitur satisdare iudicatum solui stipulatione.
But if a procurator defends someone, he himself is compelled to give security by the stipulation for the payment of the judgment.

Notes

  1. §46.7.10.prsatisdare iubetur — Grammatically, it is natural to take the preceding procurator (attorney) as the subject of iubetur. However, since the legal obligation to provide security ultimately falls upon the principal, some interpret the implied subject to be dominus litis (the owner of the suit). Here, considering grammatical consistency and the contrast with the subsequent clause ipse cogitur satisdare (he himself is compelled to give security), procurator is taken as the subject: 'the procurator is ordered to give security (which, however, is entered into by the principal)'.
  2. §46.7.10.prquod si — quod si is a conjunctional phrase meaning 'but if', introducing a contrast between the case of an officially appointed attorney (procurator datus) in the previous sentence and a voluntary attorney (procurator voluntarius) who undertakes the defense without the principal's official involvement.

Cite this passage

Justinian I, The Digest of Justinian §46.7.10.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:46.7.10.pr

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