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Justinian I · The Digest of Justinian §5.1.14.pr

Deciding the Plaintiff by Lot When Both Parties Sue

Passage 895 of 9271 · Latin

Summary

This section states that when both parties in a partition or boundary action simultaneously demand a trial, the question of who is deemed the plaintiff is typically determined by drawing lots.

[ULPIANUS libro secundo disputationum. ] §5.1.14.prSed cum ambo ad iudicium prouocant, sorte res discerni solet.
[ULPIANUS in the second book of Disputes.] But when both parties initiate the proceedings, the matter is usually decided by lot.

Notes

  1. §5.1.14.prres — Nominative singular noun. In connection with the discussion in the preceding section (§5.1.13.pr) regarding "who is to be understood as the plaintiff (quis actor intellegatur)," it refers to the matter of determining which of the two is to be deemed the plaintiff.
  2. §5.1.14.prsorte — Ablative singular of sors (lot), expressing means. It indicates that casting lots (sortitio) was practically employed as a fair resolution when both parties stood on equal footing and initiated action simultaneously, making it impossible to decide based on priority.

Cite this passage

Justinian I, The Digest of Justinian §5.1.14.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:5.1.14.pr

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