Humanitext Reader

Justinian I · The Digest of Justinian §47.23.2.pr

Selection of the Most Suitable Plaintiff in Popular Actions

Passage 8107 of 9271 · Latin

Summary

It is established that if multiple persons attempt to bring a popular action at the same time, the praetor must choose the most suitable among them to proceed.

[IDEM libro primo ad edictum. ] §47.23.2.prSi plures simul agant populari actione, praetor eligat idoneiorem.
[THE SAME AUTHOR in the first book on the Edict.] If several persons should bring a popular action at the same time, the praetor is to choose the more suitable one.

Notes

  1. §47.23.2.pragant... eligat — The subjunctive present agant (third-person plural) in the protasis and eligat (third-person singular) in the apodosis form a potential conditional sentence. The subjunctive eligat in the main clause expresses a command or the assignment of authority to the praetor.
  2. §47.23.2.prpopulari actione — Ablative of means. It indicates the instrument or method of the verb agere (to bring an action, to sue), meaning "to bring a suit by means of a popular action."
  3. §47.23.2.pridoneiorem — The comparative accusative masculine singular of the adjective idoneus. It means selecting "the more suitable one" from among the several potential plaintiffs (plures), taking into account factors such as capability or lack of bias.

Cite this passage

Justinian I, The Digest of Justinian §47.23.2.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:47.23.2.pr

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