Humanitext Reader

Justinian I · The Digest of Justinian §49.14.7.pr

Necessity of Fiscal Advocate in Disputes over Personal Status

Passage 8528 of 9271 · Latin

Summary

It conveys a rescript of the Divine Marcus stating that when the treasury disputes anyone's status, the advocate of the treasury must be present, and any judgment pronounced in his absence is null and void, requiring the case to be heard anew.

[IDEM libro quinquagensimo quarto ad edictum. ] §49.14.7.prSi fiscus alicui status controuersiam faciat, fisci aduocatus adesse debet.
[THE SAME, in the fifty-fourth book on the Edict.] If the treasury raises a dispute over status against anyone, the advocate of the treasury must be present.
quare si sine fisci aduocato pronuntiatum sit, diuus Marcus rescripsit nihil esse actum et ideo ex integro cognosci oportere.
Therefore, if a judgment is pronounced without the advocate of the treasury, the Divine Marcus rescripted that nothing had been done, and that therefore the case must be heard anew.

Notes

  1. §49.14.7.prstatus — The genitive singular of the fourth-declension noun status (status, legal standing), modifying controuersiam (dispute, accusative). In Roman law, it refers to disputes concerning legal standing, such as whether a person is free or a slave, or a citizen or not.
  2. §49.14.7.prnihil esse actum — An accusative-and-infinitive construction (indirect speech) dependent on rescripsit (rescripted). Although literally meaning "nothing was done," in a legal context it means that the procedural action or judgment in question is completely null and void.
  3. §49.14.7.prcognosci oportere — An accusative-and-infinitive construction using oportere, the infinitive of the impersonal verb oportet (it is necessary), which also depends on rescripsit. Accompanied by the passive infinitive cognosci (to be heard/investigated), it expresses the obligation that the case must be heard anew.

Cite this passage

Justinian I, The Digest of Justinian §49.14.7.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:49.14.7.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.