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Justinian I · The Digest of Justinian §50.17.170.pr

Invalidity of Judicial Acts Beyond Official Competence

Passage 9230 of 9271 · Latin

Summary

States the principle that an act performed by a judge outside of their official competence is legally invalid.

[IDEM libro tertio ad Plautium. ] §50.17.170.prFactum a iudice, quod ad officium eius non pertinet, ratum non est.
[THE SAME, in the third book on Plautius.] An act done by a judge which does not pertain to his office is not valid.

Notes

  1. §50.17.170.prFactum — The nominal use of the perfect participle neuter singular of facere ('to do, make'), meaning 'an act' or 'what has been done'. Here it refers to a decision or action taken by a judge outside of their jurisdiction.
  2. §50.17.170.prratum — The nominative neuter singular of the adjective ratus, a, um (derived from the perfect participle of reri, 'to think, reckon'), functioning as the predicate of the subject factum. The phrase ratum esse is a standard legal expression meaning 'to be valid' or 'to have legal force'.

Cite this passage

Justinian I, The Digest of Justinian §50.17.170.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.17.170.pr

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