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Justinian I · The Digest of Justinian §49.1.13.pr-49.1.13.1

Omission in the Petition and Valid Grounds for Appeal

Passage 8477 of 9271 · Latin

Summary

It explains that an appellant suffers no disadvantage from not specifying in the brief which part of the judgment they are appealing, and that an appeal is not normally rejected if there is at least one plausible ground for it.

[IDEM libro secundo responsorum. ] §49.1.13.prAppellanti nihil obesse, quod in libellis a qua parte sententiae appellaret non significauit.
[THE SAME, from the second book of Responses.] It is of no disadvantage to the appellant that he did not indicate in his brief from which part of the judgment he was appealing.
§49.1.13.1Non solere improbari appellationem eorum, qui uel unam causam appellandi probabilem habuerunt.
It is not customary for the appeal of those to be rejected who have had even one plausible ground for appealing.

Notes

  1. §49.1.13.prAppellanti nihil obesse — The predicate portion of an accusative-and-infinitive construction. Because this is a collection of juristic opinions (responsa), the infinitive is used in indirect speech, with the main verb of speaking or replying being omitted. The term "appellanti" is a dative governed by "obesse."
  2. §49.1.13.prquod in libellis a qua parte sententiae appellaret non significauit — The "quod" clause (with indicative perfect) functions as the substantive subject ("the fact that...") of the impersonally used "nihil obesse." Within this clause, "a qua parte... appellaret" is an indirect question, thus taking the imperfect subjunctive.
  3. §49.1.13.1Non solere improbari appellationem — Like the preceding sentence, this is an infinitive construction in indirect speech with the governing verb omitted. "Appellationem" (accusative) is the subject of the passive infinitive "improbari," which in turn depends on "solere" ("it is not customary for the appeal to be rejected").

Cite this passage

Justinian I, The Digest of Justinian §49.1.13.pr-49.1.13.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:49.1.13.pr-49.1.13.1

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