Humanitext Reader

Justinian I · The Digest of Justinian §50.16.110.pr

Definition and Etymology of a Stakeholder Depositary

Passage 8924 of 9271 · Latin

Summary

Defines the term 'sequester' (a depositary of a disputed property) and explains its etymology as deriving from following the contending parties.

[IDEM libro sexto pandectarum. ] §50.16.110.pr'Sequester' dicitur, apud quem plures eandem rem, de qua controuersia est, deposuerunt: dictus ab eo, quod occurrenti aut quasi sequenti eos qui contendunt committitur.
[THE SAME, in the sixth book of the Pandects.] A 'sequester' is the name given to a person with whom several parties have deposited the same thing which is the subject of a dispute; he is so called from the fact that the thing is entrusted to one who meets or, as it were, follows those who are contending.

Notes

  1. §50.16.110.prdictus ab eo, quod — The perfect participle dictus implies the ellipsis of est, meaning 'he is so called'. The phrase ab eo, quod... means 'from the fact that...' or 'for the reason that...', where eo is a neuter ablative and quod is an explanatory conjunction. This explains the etymology of sequester as being derived from sequi (to follow).
  2. §50.16.110.proccurrenti aut quasi sequenti — These are present participles in the dative singular, modifying an implied pronoun (such as ei) that serves as the indirect object of committitur ('is entrusted [to one who...]'). The accusative phrase eos qui contendunt ('those who contend') is the direct object of the participle sequenti, which has a transitive meaning.

Cite this passage

Justinian I, The Digest of Justinian §50.16.110.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.16.110.pr

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