4.1.61 to 4.1.63

(42) Adjudicatio is that part of the Formula by which the judge is permitted to assign the property in question to one of the litigants; as for instance, where an action for the partition of an estate is brought between co-heirs; one for the division of common property between partners; one for the establishment of boundaries between neighbors. In cases of this kind, the following form is employed, namely: "Judge, award to Titius the amount to which he is entitled." (43) Condemnatio is that part of the Formula by which authority is granted to the judge to condemn or discharge the defendant; for instance, as follows: "Judge, condemn Numerius Negidius to pay ten thousand sesterces to Aulus Agerius, and if the claim should not be proved, discharge him." Likewise, as follows: "Judge, condemn Numerius Negidius to pay to Aulus Agerius not more than ten thousand sesterces, and if the claim should not be proved, let him be discharged," or, as follows: "Judge, let Numerius Negidius be condemned to pay to Aulus Agerius"; etc. ,without adding the clause, "Not more than ten thousand sesterces". (44) All these divisions are not found together but in every formula; where some of them appear, others do not, and in fact, sometimes the Intentio exists alone, as in prejudicial formulas, in which the question is whether a man is a freedman, or what the amount of a dowry may be, and numerous others. The Demonstratio . the Adjudicatio ,and the Condemnatio are never found alone; for the Demonstratio without the Intentio and the Condemnatio ,is of no effect; and, in like manner, the Condemnatio or the Adjudicatio has no force without the Intentio ,and for this reason they are never found alone.