[IULIANUS libro quinquagensimo quinto digestorum. ] §46.7.4.pris autem, cum quo actum fuit, absolui debet.
he, against whom the action was brought, ought to be discharged.
Justinian I · The Digest of Justinian §46.7.4.pr
Discharge of Surety upon Defense Undertaken by Defendant
Summary
This section explains that if the defendant himself undertakes the defense, the specific surety against whom the action was previously brought must be discharged.
Notes
- §46.7.4.prcum quo actum fuit — An expression using actum fuit, the perfect passive impersonal of the verb agere ('to bring an action'). Since agere cum aliquo is an idiomatic expression meaning 'to bring an action against someone', the entire relative clause means 'against whom the action was brought', modifying the demonstrative pronoun is (the surety with whom the suit was joined in the preceding section §46.7.3.10) which serves as the subject of the main clause.
Cite this passage
Justinian I, The Digest of Justinian §46.7.4.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:46.7.4.pr
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