restricted access 1. JUDGMENT AND THE EFFECT OF JUDICIAL DECISIONS AND INTERLOCUTORY PROCEEDINGS
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BOOK FORTY-TWO JUDGMENT AND THE EFFECT OF JUDICIAL DECISIONS AND INTERLOCUTORY PROCEEDINGS 1 MoDEsTINus, Encyclopaedia, book 7: An issue is said to be determined when an end is put to the dispute by the pronouncement of the judge, which can be either a condemnation or an absolution. 2 ULPIAN,Edict, book 6: One sitting in judgment does not always observe the usual period of trial, but sometimes abridges proceedings and sometimes adjourns proceedings by reason of the nature and magnitude of the issue or the submission or obstinacy of the parties. Very rarely, judgments are executed before the statutory period, for instance, when maintenance is awarded or relief given to a minor under twenty-five years of age. 3 PAUL,Edict, book 17: He who has the power to condemn has also the power to absolve. 4 ULPIAN,Edict, book 58: If a procurator does not present himself, the action to enforce a judgment will be refused against him and granted against his principal; if he does appear, the action is given against him. A person is not regarded as appearing in a suit who is a procurator in his own interest; such a one cannot object to the action to enforce judgment for another reason, that is to say, that he is a procurator not on behalf of another, but on his own behalf. 1. A tutor or curator again is in such case that he is not treated as appearing as a representative, and so the action to enforce a judgment should be refused against him. 2. The representative of the citizens of a municipality can refuse to accept the decision;for the action to enforce thejudgment will be given against the citizens as such. 3. The praetor says: "condemned to pay money"; an unsuccessful defendant, therefore, is required to pay money. Now what are we to say if he is not prepared to pay, but is prepared to give security for payment? Labeo says that the following words should have been added: "and does not give security therefor"; for it could well be that the defendant has an acceptable surety. The reason for the requirement of money is that the praetor does not wish obligations to be created out of obligations and so he says: "that money be paid." But where there is good and appropriate cause, the rider suggested by Labeo should be added. 4. If, after the decision, an agreement is made between the parties, it can happen that the party against whom the decision went will be relieved of his liability to pay, provided that the agreement be by way of novation; if it be not by way of novation, execution of the judgment will follow its normal course. If pledges or verbal guarantors be accepted in respect of the issue decided, it cannot be said that execution does not follow; for an addition is made to the decision rather than a resiling from it. The same applies to one whose procurator is condemned. 5. If someone be condemned to make payment by a given date, do we compute the period of availability of the action to enforce the BOOK FORTY-TWO 1 JUDGMENT AND THE EFFECT OF JUDICIAL DECISIONS AND INTERLOCUTORY PROCEEDINGS 1 MODESTINUS, Encyclopaedia, book 7: An issue is said to be determined when an end is put to the dispute by the pronouncement of the judge, which can be either a condemnation or an absolution. 2 ULPIAN, Edict, book 6: One sitting in judgment does not always observe the usual period of trial, but sometimes abridges proceedings and sometimes adjourns proceedings by reason of the nature and magnitude ofthe issue or the submission or obstinacy of the parties. Very rarely, judgments are executed before the statutory period, for instance, when maintenance is awarded or relief given to a minor under twenty-five years of age. 3 PAUL, Edict, book 17: He who has the power to condemn has also the power to absolve. 4 ULPIAN, Edict, book 58: If a procurator does not present himself, the action to enforce a judgment will be refused against him and granted against his principal; if he does appear, the action is given against him. A person is not regarded as appearing in a suit who is a procurator in his own interest; such a one cannot object to the action to enforce judgment for another reason, that is to say, that he is a procurator not on behalf of another, but on his...


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