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Justinian I · The Digest of Justinian §47.23.5.pr

Appointment of Procurators in Popular Actions

Passage 8110 of 9271 · Latin

Summary

This section states that in a popular action, the defendant is allowed to appoint a procurator for their defense, whereas the plaintiff who brings the action is not permitted to do so.

[IDEM libro octauo ad edictum. ] §47.23.5.prQui populari actione conuenietur, ad defendendum procuratorem dare potest: is autem, qui eam mouet, procuratorem dare non potest.
[THE SAME in the eighth book on the Edict.] He who is sued in a popular action can appoint a procurator for his defense; but he who brings it cannot appoint a procurator.

Notes

  1. §47.23.5.prconuenietur — The future passive third-person singular of the verb `conuenio` (here meaning "to be sued" or "to be summoned"). The future tense is used in legal formulations to denote a hypothetical subject.
  2. §47.23.5.prad defendendum — The preposition `ad` followed by the gerund of `defendo` (in the accusative case), expressing purpose, translated as "for the purpose of defending oneself."
  3. §47.23.5.pream — Feminine accusative singular demonstrative pronoun referring back to `populari actione` in the preceding clause, serving as the direct object of the verb `mouet` in the relative clause.

Cite this passage

Justinian I, The Digest of Justinian §47.23.5.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:47.23.5.pr

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