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Justinian I · The Digest of Justinian §49.9.2.pr

Hearing the Principal When the Procurator Defaults

Passage 8515 of 9271 · Latin

Summary

It discusses whether the principal party to a lawsuit can respond in place of their procurator if the latter fails to act after appealing for the absent party, and whether the principal should be heard.

[MACER libro secundo de appellationibus. ] §49.9.2.prSi procurator absentis appellauerit, deinde rationes reddiderit, nihilo minus ipse respondere debet.
[MACER, On Appeals, Book II] If a procurator of an absent person has appealed, and then presented the grounds, none the less he himself ought to respond.
sed an eo cessante dominus litis respondere possit exemplo adulescentis, uideamus: magis tamen obseruatur, ut audiri debeat in causis appellationis reddendis is, cuius absentis procurator appellauit.
But let us see whether, if he fails to act, the principal party to the suit can respond, following the example of a youth; yet the more accepted practice is that he, whose procurator appealed when he was absent, ought to be heard in cases where the grounds of appeal are to be presented.

Notes

  1. §49.9.2.pripse — ipse refers back to the procurator mentioned in the conditional clause. The procurator who appealed and presented the grounds remains obligated to respond on behalf of the absent principal.
  2. §49.9.2.preo cessante — An ablative absolute construction consisting of the pronoun eo (referring to the procurator) and the present participle cessante (failing to act, ceasing activity). It describes a situation where the procurator abandons or neglects the conduct of the lawsuit.
  3. §49.9.2.prin causis appellationis reddendis — A gerundive construction governed by the preposition in, where the noun causis and the gerundive reddendis agree in gender, number, and case. In connection with the phrase causae appellationis reddi in the preceding section, it means 'in cases where the grounds of appeal are to be presented.'

Cite this passage

Justinian I, The Digest of Justinian §49.9.2.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:49.9.2.pr

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