Humanitext Reader

Justinian I · The Digest of Justinian §5.1.3.pr

Concealment and Immunity from Obligation to Defend

Passage 884 of 9271 · Latin

Summary

Establishes the principle that a person who is not obliged to accept trial when present cannot be deemed to be hiding for the purpose of frustrating the action.

[IDEM libro quarto ad edictum. ] §5.1.3.prNon uidetur frustrandae actionis causa latitare, qui praesens suscipere iudicium non compellitur.
[THE SAME in the fourth book on the Edict.] He who is not compelled to undergo trial when present is not deemed to keep out of the way for the purpose of frustrating the action.

Notes

  1. 5.1.3.prNon uidetur ... qui — The demonstrative pronoun (such as is) serving as the subject of uidetur in the main clause is omitted, and the entire relative clause qui... that follows qualifies this omitted subject. The clause led by the nominative qui forms the structure "he who... (is not deemed)".
  2. 5.1.3.prpraesens — An adjective in the nominative singular masculine agreeing with the subject qui of the relative clause. It functions predicatively, meaning "while being present" or "in person".
  3. 5.1.3.prfrustrandae actionis causa — An expression of purpose using causa with the genitive. The gerundive frustrandae agrees with the noun actionis, meaning "for the purpose of frustrating the action" or "to defeat the action".

Cite this passage

Justinian I, The Digest of Justinian §5.1.3.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:5.1.3.pr

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