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Justinian I · The Digest of Justinian §5.1.11.pr

Dissolution of Lawsuit by Adrogation of a Litigant

Passage 892 of 9271 · Latin

Summary

Marcellus states that if a litigant is adrogated by the opponent, the ongoing trial is dissolved, because a lawsuit cannot exist between a paterfamilias and a filiusfamilias from the outset.

[IDEM libro duodecimo ad edictum. ] §5.1.11.prSi a me fuerit adrogatus qui mecum erat litem contestatus uel cum quo ego: solui iudicium Marcellus libro tertio digestorum scribit, quoniam nec ab initio inter nos potuit consistere.
[THE SAME in the twelfth book on the Edict.] If a person who had joined issue in a lawsuit with me, or with whom I had joined issue, has been adrogated by me, Marcellus writes in the third book of his Digests that the trial is dissolved, since from the very beginning it could not have stood between us.

Notes

  1. §5.1.11.prfuerit adrogatus — A future perfect (or perfect) passive subjunctive/indicative in the conditional 'si' clause, denoting a prior completed condition before the state reported by 'scribit'.
  2. §5.1.11.pruel cum quo ego — An elliptical phrase parallel to the preceding relative clause. The verb phrase 'erat litem contestatus' is omitted, with 'ego' understood as the subject.
  3. §5.1.11.prsolui iudicium — An accusative with infinitive (A.C.I.) construction governed by 'scribit', where 'iudicium' is the subject accusative and 'solui' is the present passive infinitive.

Cite this passage

Justinian I, The Digest of Justinian §5.1.11.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:5.1.11.pr

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