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Justinian I · The Digest of Justinian §49.2.2.pr

Appeals and Correction of Decisions by Surety Arbiters

Passage 8494 of 9271 · Latin

Summary

Discusses whether an appeal is permitted against arbiters appointed to approve sureties, noting the view that their decision can be corrected by the appointer even without an appeal.

[PAULUS libro singulari de appellationibus. ] §49.2.2.prQuaesitum est, in arbitros, qui ad fideiussores probandos dantur, an appellare liceat: quamuis hoc casu et sine appellatione quidam putent ab eo, qui eum dedit, sententiam eius corrigi posse.
[PAULUS, On Appeals, Single Book.] The question was raised whether it is permitted to appeal against arbiters who are appointed to approve sureties; although some think that in this case, even without an appeal, their decision can be corrected by the person who appointed him.

Notes

  1. §49.2.2.prin arbitros — The preposition `in` with the accusative here indicates the object of the appeal (`appellare`), i.e., against whom the appeal is made.
  2. §49.2.2.preum ... eius — Although the plural `arbitros` is used in the preceding relative clause, the text shifts to the singular pronouns `eum` and `eius` to refer to any single individual arbiter. `eum` refers to the arbiter (`arbitrum`), and `eius` modifies his decision (`sententiam`).

Cite this passage

Justinian I, The Digest of Justinian §49.2.2.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:49.2.2.pr

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