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Justinian I · The Digest of Justinian §50.16.212.pr

Definition and Etymology of Collusive Litigators

Passage 9026 of 9271 · Latin

Summary

Ulpian defines 'collusive litigators' as those who, while on the plaintiff's side, collude to favor the defendant, explaining that the term etymologically derives from the act of straddling.

[ULPIANUS libro primo de adulteriis. ] §50.16.212.pr'Praeuaricatores' eos appellamus, qui causam aduersariis suis donant et ex parte actoris in partem rei concedunt: a uaricando enim praeuaricatores dicti sunt.
[ULPIANUS, in the first book on adulteries.] We call those 'collusive litigators' who give up their case to their opponents and move from the side of the plaintiff to the side of the defendant; for they are called 'collusive litigators' from straddling.

Notes

  1. §50.16.212.prcausam aduersariis suis donant — "give up their case to their opponents." Here, causa refers to the legal case or the merits of the lawsuit, and donant implies surrendering this advantage to the opposing party through collusion.
  2. §50.16.212.pra uaricando — The ablative of the gerund from the deponent verb uaricor (to straddle, stand with legs wide apart, or walk crookedly). It originally referred to stepping aside from a straight path or straddling two sides, which serves as the etymological origin for praeuaricator, denoting a collusive litigator who sits on both the plaintiff's and the defendant's sides.

Cite this passage

Justinian I, The Digest of Justinian §50.16.212.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.16.212.pr

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