[PAULUS libro primo ad edictum. ] §50.17.105.prUbicumque causae cognitio est, ibi praetor desideratur.
[PAULUS, from his first book on the Edict.] Wherever there is an inquiry into a case, there a praetor is required.
Justinian I · The Digest of Justinian §50.17.105.pr
Necessity of the Praetor's Presence in Judicial Inquiry
Summary
It states that the presence or involvement of a praetor is required in any situation where a judicial inquiry (causae cognitio) takes place.
Notes
- §50.17.105.prcausae cognitio — Consists of the noun cognitio (inquiry, hearing) and causae as an objective genitive. In Roman law, it refers to the formal inquiry or investigation of the facts conducted by the magistrate, often associated with the extraordinary procedure (cognitio extra ordinem).
- §50.17.105.prdesideratur — The third-person singular present passive indicative of the verb desiderare. In this legal context, it is used to mean 'is required' or 'is indispensable' as a legal necessity, rather than merely 'is desired'.
Cite this passage
Justinian I, The Digest of Justinian §50.17.105.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.17.105.pr
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