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Justinian I · The Digest of Justinian §5.1.22.pr

Submission to Jurisdiction and Countersuits by Filing an Action

Passage 903 of 9271 · Latin

Summary

This text states the principle that even if a person is exempt from trial in a certain place, if they voluntarily initiate a lawsuit there, they are obliged to accept counter-actions and submit to the same judge.

[PAULUS libro tertio ad Plautium. ] §5.1.22.prQui non cogitur in aliquo loco iudicium pati, si ipse ibi agat, cogitur excipere actiones et ad eundem iudicem mitti.
[PAULUS, in the third book on Plautius.] He who is not compelled to submit to trial in any place, if he himself brings an action there, is compelled to accept actions and to be sent before the same judge.

Notes

  1. 5.1.22.prQui non cogitur — The demonstrative pronoun (such as is) serving as the antecedent is omitted, and the entire relative clause introduced by 'qui' functions as the subject of the main verb 'cogitur'.
  2. 5.1.22.pragat — The third-person singular present active subjunctive of 'agere' (to bring an action). The subjunctive is used in the conditional clause 'si ... agat' to establish a hypothetical or general condition.
  3. 5.1.22.prexcipere actiones — The infinitive of 'excipere' (to accept or undertake). Here, it denotes the obligation of the party who initiated the lawsuit to accept and defend against the counter-actions or pleas (actiones) brought by the other party.

Cite this passage

Justinian I, The Digest of Justinian §5.1.22.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:5.1.22.pr

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