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Justinian I · The Digest of Justinian §5.1.59.pr

Place of Trial when Unspecified in the Order

Passage 940 of 9271 · Latin

Summary

This section stipulates that if no place is specified in the order to hold a trial, it is deemed to have been ordered to take place where trials are customarily held, provided it does not disadvantage the litigants.

[ULPIANUS libro quinquagensimo primo ad Sabinum. ] §5.1.59.prSi locus in iubendo iudicare non est comprehensus, uidetur eo loco iudicare iussisse quo solet iudicari, sine incommodo litigantium.
[ULPIANUS, on Sabinus, Book LI.] If the place has not been specified in ordering a trial, he is deemed to have ordered the trial to be held in that place where it is customary for a trial to be held, without disadvantage to the litigants.

Notes

  1. §5.1.59.prin iubendo iudicare — The ablative gerund `iubendo` (from `iubeo`), governed by the preposition `in`, takes the present active infinitive `iudicare` as its object.
  2. §5.1.59.pruidetur ... iussisse — The main verb `uidetur` is used in a personal passive construction with the perfect active infinitive `iussisse` ("he is deemed to have ordered"). Instead of an impersonal construction ("it seems"), the implied subject is the magistrate or the person who ordered the trial.
  3. §5.1.59.prquo solet iudicari — Within the clause introduced by the relative adverb `quo` (referring back to `eo loco`), the passive infinitive `iudicari` is used impersonally with `solet` (from `solere`, "to be customary"), meaning "where it is customary for a trial to be held."

Cite this passage

Justinian I, The Digest of Justinian §5.1.59.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:5.1.59.pr

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