Justinian I · The Digest of Justinian §50.17.86.pr

Parties' Legal Position After Joinder of Issue

Passage 9146 of 9271 · Latin

Summary

This fragment explains that the legal condition of parties who have joined issue (litis contestatio) does not typically become worse than if they had not done so, but is usually improved.

[IDEM libro septimo quaestionum. ] §50.17.86.prNon solet deterior condicio fieri eorum, qui litem contestati sunt, quam si non essent, sed plerumque melior:

[THE SAME, from his seventh book of Questions.] The condition of those who have joined issue in a lawsuit does not usually become worse than if they had not done so, but is generally better.

Notes

§50.17.86.prsi non essent — The subjunctive imperfect third-person plural 'essent' with 'si non' is a conditional contrary-to-fact clause, functioning as an elliptical expression for 'si litem contestati non essent' (if they had not joined issue).

Cite this passage

Justinian I, The Digest of Justinian §50.17.86.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.17.86.pr

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