Humanitext Reader

Justinian I · The Digest of Justinian §49.1.19.pr

Nullity of Judgments Violating Law and Right to Sue Anew

Passage 8483 of 9271 · Latin

Summary

Explains that a judgment rendered in express violation of strict law is invalid, allowing the case to be brought anew without an appeal, and that such an invalid judgment is not validated even if an appeal is barred by procedural prescription.

[IDEM libro singulari de enucleatis casibus. ] §49.1.19.prSi expressim sententia contra iuris rigorem data fuerit, ualere non debet: et ideo et sine appellatione causa denuo induci potest.
[THE SAME, from his single book On Resolved Cases.] If a judgment has been rendered expressly contrary to the rigor of the law, it ought not to be valid; and therefore, even without an appeal, the case can be brought anew.
non iure profertur sententia, si specialiter contra leges uel senatus consultum uel constitutionem fuerit prolata.
A judgment is not pronounced lawfully if it has been rendered specifically contrary to the laws, a decree of the senate, or an imperial constitution.
unde si quis ex hac sententia appellauerit et praescriptione summotus sit, minime confirmatur ex hac praescriptione sententia.
Hence, if anyone appeals from such a judgment and is barred by a prescription, the judgment is by no means confirmed by this prescription.
unde potest causa ab initio agitari.
Consequently, the case can be litigated from the beginning.

Notes

  1. §49.1.19.prcontra iuris rigorem — "contrary to the rigor of the law." Here rigor iuris refers to strict positive law (mandatory rules) as opposed to equity (aequitas), and specifically means a direct violation of "laws (leges), decrees of the senate, or imperial constitutions" as listed in the following sentence.
  2. §49.1.19.pret ideo et sine — The second et functions adverbially ("even" / "also"), emphasizing sine appellatione (without an appeal). As a whole, it indicates that a directly unlawful judgment can be litigated anew without the necessity of going through the formal appeal process.
  3. §49.1.19.prpraescriptione summotus sit — praescriptio refers to a procedural objection (prescription), such as the expiration of the time limit for an appeal, and summovere means "to bar or remove (the appellant)" on such grounds. The passage means that even if the appeal is barred on procedural grounds, the underlying invalid judgment is not thereby validated (confirmatur).

Cite this passage

Justinian I, The Digest of Justinian §49.1.19.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:49.1.19.pr

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