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Justinian I · The Digest of Justinian §5.1.63.pr

Requirements for Proper Defense in a Trial

Passage 944 of 9271 · Latin

Summary

Defines the requirements for a defendant to be considered properly defended in a lawsuit, which include accepting judgment with security and fulfilling the judgment.

[IDEM libro quadragensimo nono ad edictum. ] §5.1.63.prRecte defendi hoc est iudicium accipere uel per se uel per alium, sed cum satisdatione: nec ille uidetur defendi, qui quod iudicatum est non soluit.
[THE SAME, on the Edict, Book XLIX.] To be properly defended means to accept judgment either by oneself or through another, but with security; and he is not deemed to be defended who does not pay what has been adjudged.

Notes

  1. 5.1.63.prRecte defendi — The passive present infinitive defendi is a Roman legal term meaning "to conduct a defense" (by the defendant). Here it functions as a complement with hoc est, introducing the requirements for a valid defense.
  2. 5.1.63.prquod iudicatum est — A relative clause serving as the direct object of the main verb soluit. The relative pronoun quod implies its antecedent (such as id), meaning "what has been adjudged."

Cite this passage

Justinian I, The Digest of Justinian §5.1.63.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:5.1.63.pr

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