Humanitext Reader

Justinian I · The Digest of Justinian §50.17.52.pr

Scope of Persons Deemed Not to Defend in a Lawsuit

Passage 9112 of 9271 · Latin

Summary

Ulpian defines who is deemed not to defend in a lawsuit, stating that it includes not only those who hide themselves, but also those who, despite being present, refuse to defend themselves or decline to undertake the action.

[ULPIANUS libro quadragensimo quarto ad edictum. ] §50.17.52.prNon defendere uidetur non tantum qui latitat, sed et is qui praesens negat se defendere aut non uult suscipere actionem.
[ULPIAN, in his forty-fourth book on the Edict.] Not only is he who hides himself deemed not to defend, but also he who, being present, denies that he will defend, or does not wish to undertake the action.

Notes

  1. §50.17.52.prpraesens — Nominative singular adjective agreeing with the subject of the relative clause (qui, referring to is), used adverbially to mean "being present" or "in person".
  2. §50.17.52.prnegat se defendere — The verb negat ("denies", "refuses") takes the accusative with infinitive clause se defendere ("to defend himself"), meaning "refuses to defend himself" or "states that he will not defend".

Cite this passage

Justinian I, The Digest of Justinian §50.17.52.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.17.52.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.