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Justinian I · The Digest of Justinian §49.1.20.pr-49.1.20.2

Procurator's Duty to Appeal and Soldiers under Time Limits

Passage 8484 of 9271 · Latin

Summary

This section explains that those alleging suspicion against a tutor or seeking excuse from tutelage act in another's name, whereas a procurator in rem suam acts in their own interest and must appeal within two days, and that soldiers are not exempt from appeal periods and formalities.

[IDEM libro singulari de praescriptionibus. ] §49.1.20.prQui suspectum tutorem facit et qui de non recipienda tutela excusationem agitat, alieno nomine agere intellegendus est.
[THE SAME, from his single book On Prescriptions.] Anyone who accuses a tutor as suspect, and anyone who raises an excuse for not accepting a tutelage, must be understood to act in another's name.
§49.1.20.1Is uero qui in rem suam procurator datus est, intra biduum appellare debet, quia suam causam agit.
However, he who has been appointed as a procurator for his own interest (in rem suam) must appeal within two days, because he is conducting his own case.
§49.1.20.2Militibus appellandi tempora non remittuntur, et uicti si non prouocauerint et sollemnia fecerint, postea non audiuntur.
For soldiers, the periods for appealing are not excused; and if, having been defeated, they do not appeal and perform the prescribed formalities, they are not heard afterward.

Notes

  1. §49.1.20.printellegendus est — A gerundive (future passive participle) construction with est expressing necessity or passive obligation ('must be understood' or 'is to be understood'), taking the nominative subject from the relative clause and the infinitive agere.
  2. §49.1.20.1in rem suam — The phrase procurator in rem suam ('procurator in his own affair') refers to a representative appointed for his own benefit, acting in practice as an assignee who prosecutes the action for his own interest (suam causam) rather than on behalf of a principal.
  3. §49.1.20.2sollemnia — Substantive neuter plural accusative of the adjective sollemnis, referring to the formal legal solemnities or prescribed procedures required to make an appeal valid.

Cite this passage

Justinian I, The Digest of Justinian §49.1.20.pr-49.1.20.2. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:49.1.20.pr-49.1.20.2

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