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Justinian I · The Digest of Justinian §49.5.5.pr-49.5.5.5

Remedies and Errors When Appeals Are Rejected or Hindered

Passage 8506 of 9271 · Latin

Summary

Ulpian discusses the appropriate authorities to approach and procedural rules when an appeal is rejected or other obstacles arise, explaining the remedies of petitioning the emperor or approaching the competent judge, and the consequences of errors.

[ULPIANUS libro quarto de appellationibus. ] §49.5.5.prEi, cuius appellatio non recipitur, sufficit, si possit dicere appellationem suam non esse receptam: quod quaqua ratione doceat, admittetur eius appellatio.
[ULPIAN, On Appeals, Book 4] For a person whose appeal is not received, it is sufficient if he can state that his appeal was not received; and if he proves this by any means whatsoever, his appeal shall be admitted.
§49.5.5.1Non recepta autem appellatione, si quidem principem appellari oportuit, principi erit supplicandum: sin uero alius appellabatur quam princeps, ille erit adeundus.
When an appeal has not been received, if indeed the emperor ought to have been appealed to, one must petition the emperor; but if indeed someone other than the emperor was being appealed to, that person must be approached.
§49.5.5.2Sed et si quid aliud post receptam appellationem impedimento factum fuerit, eum adiri oportet, quem appellare quis debet.
But also if any other thing should have become an obstacle after the appeal was received, it is necessary to approach him whom one ought to appeal to.
§49.5.5.3Plane si appellatione non recepta non ipsum adierit, quem debuit, sed principem, pro eo habebitur, atque si is aditus est, qui adiri debuit: idque rescriptis imperatoris nostri Antonini declaratur.
Clearly if, his appeal not having been received, he approached not the person himself whom he ought to have approached, but the emperor, it shall be held as though that person was approached who ought to have been approached; and this is declared by the rescripts of our Emperor Antoninus.
§49.5.5.4Plane si alium pro alio adiit non principem, nihil ei hic error proderit, licet non uideatur cessasse.
Clearly, if he approached one person instead of another, not being the emperor, this error will be of no benefit to him, although he may not seem to have been negligent.
§49.5.5.5Intra constituta autem appellatoria tempora debet is, cuius appellatio non est recepta, uel competentem iudicem uel principem adire.
Moreover, within the established times for appeal, he whose appeal has not been received must approach either the competent judge or the emperor.

Notes

  1. §49.5.5.prquod — Accusative neuter singular of the relative pronoun. Here it functions as a relative connector, referring back to the preceding noun clause `appellationem suam non esse receptam`. It serves as the direct object of the verb `doceat` in the clause.
  2. §49.5.5.2impedimento — Dative singular of `impedimentum`. It functions as a dative of purpose or effect, combined with `factum fuerit` to mean "to become an obstacle."
  3. §49.5.5.3pro eo habebitur, atque si — The phrase `pro eo habebitur` (it shall be held as that) combined with the comparative conjunction `atque` and the conditional `si` forms a comparative conditional construction meaning "it shall be regarded just as if."

Cite this passage

Justinian I, The Digest of Justinian §49.5.5.pr-49.5.5.5. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:49.5.5.pr-49.5.5.5

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