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Justinian I · The Digest of Justinian §50.17.60.pr

Mandate Formed by Non-Interference or Subsequent Ratification

Passage 9120 of 9271 · Latin

Summary

He who does not forbid another to intervene on his behalf is deemed to have given a mandate, and anyone who ratifies an action already taken is also bound by the action of mandate.

[IDEM libro decimo disputationum. ] §50.17.60.prSemper qui non prohibet pro se interuenire, mandare creditur.
[THE SAME, in the tenth book of his Disputations.] He who does not forbid someone to intervene on his behalf is always deemed to have given a mandate.
sed et si quis ratum habuerit quod gestum est, obstringitur mandati actione.
But also, if anyone ratifies what has been done, he is bound by the action of mandate.

Notes

  1. §50.17.60.prmandare creditur — This is a personal construction (nominative with infinitive) where the active infinitive `mandare` (to mandate) is used with the passive verb `creditur` (is believed/deemed). The subject is the relative clause `qui non prohibet...`. It means 'he is deemed to have given a mandate'.
  2. §50.17.60.prratum habuerit — A legal idiom consisting of the accusative neuter singular of the adjective `ratus` (valid, approved) and the perfect subjunctive (or future perfect indicative) active third-person singular of `habere`. It means 'to ratify' or 'to approve'.
  3. §50.17.60.prpro se interuenire — The logical subject of the infinitive `interuenire` (to intervene) is not explicitly stated, representing an unspecified third party. The reflexive pronoun `se` refers to the main subject of the sentence (`qui`), meaning 'on his behalf' or 'for himself'.

Cite this passage

Justinian I, The Digest of Justinian §50.17.60.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.17.60.pr

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