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Justinian I · The Digest of Justinian §46.8.21.pr

Imperial Petition on Agency and Requirement of Securities

Passage 7852 of 9271 · Latin

Summary

It is explained that a principal who has declared the appointment of his agent in a petition to the Emperor is exempt from providing security for ratification, but must still comply with the law regarding security for the payment of the judgment.

[IDEM libro primo opinionum. ] §46.8.21.prNe satisdatio ratam rem dominum habiturum exigatur in his quae nomine eius ageret, qui eum se fecisse procuratorem libello principi dato professus est, prodest.
[THE SAME, Opinions, Book I] The fact that a person, in a petition presented to the Emperor, has declared that he made someone his agent, is of benefit to prevent security that the principal will ratify the matter from being demanded in those transactions which the agent conducts in his name.
quod si iudicatum solui satis ab eo procuratore postuletur, necesse est, ut iuri manifesto pareatur.
But if security for the payment of the judgment is demanded from that agent, it is necessary that the manifest law be obeyed.

Notes

  1. §46.8.21.prprodest — The subject of prodest is the implied antecedent (is) of the relative clause qui ... professus est. The clause ne ... exigatur expresses the purpose or effect of prodest ("one who has declared ... benefits to the effect that security is not demanded").
  2. §46.8.21.prratam rem dominum habiturum — ratam rem habere is a legal idiom meaning "to hold a matter as approved/valid," i.e., "to ratify." dominum habiturum (esse) is an accusative with infinitive clause that qualifies the noun satisdatio, explaining its content ("security that the principal will ratify").
  3. §46.8.21.priudicatum solui satis — A technical legal term meaning "security for the payment of the judgment." satis functions as an abbreviation of satisdatio, and combined with the passive infinitive iudicatum solui (that the judgment be paid/satisfied), it refers to the security given to guarantee the fulfillment of a judgment.

Cite this passage

Justinian I, The Digest of Justinian §46.8.21.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:46.8.21.pr

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