[SCAEUOLA libro primo quaestionum. ] §50.1.19.prQuod maior pars curiae effecit, pro eo habetur, ac si omnes egerint.
[SCAEUOLA, Questions, Book I] What the majority of the curia has done is regarded in the same way as if everyone had done it.
Justinian I · The Digest of Justinian §50.1.19.pr
Validity of Majority Decisions in the Municipal Curia
Summary
The principle of majority rule is established, stating that a decision made by the majority of the curia is legally treated as if it were a unanimous decision.
Notes
- §50.1.19.prQuod maior pars curiae effecit — The relative pronoun `Quod` (neuter singular accusative, direct object of `effecit`) has as its antecedent the demonstrative pronoun `eo` (ablative after `pro`) in the main clause. The relative clause is placed before the main clause element containing its antecedent.
- §50.1.19.prpro eo habetur, ac si omnes egerint — The construction `pro eo ... ac si` expresses a legal fiction ("is regarded in the same way as if"). Since the comparative conjunction `ac si` requires the subjunctive of hypothetical comparison, `egerint` (perfect subjunctive 3rd person plural of `agere`) is used.
Cite this passage
Justinian I, The Digest of Justinian §50.1.19.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.1.19.pr
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