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The Digest of Justinian

§2.12.8.pr

Legal Definition of a Day under Roman Custom

This text defines a day according to Roman custom as the twenty-four hours from one midnight to the next, establishing that any act performed within this period has the same legal validity as if done during daylight hours.

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[PAULUS libro tertio decimo ad Sabinum.]

[PAULUS, On Sabinus, book 13]

§2.12.8.pr

​More Romano dies a media nocte incipit et sequentis noctis media parte1 finitur. itaque quidquid in his viginti quattuor horis, id est duabus dimidiatis noctibus et luce media,2 actum est, perinde est, quasi quauis hora lucis actum esset.3

​According to Roman custom, a day begins at midnight and ends at the middle part of the following night. Therefore, whatever has been done in these twenty-four hours, that is, in two halved nights and the intervening daylight, is just as if it had been done at any hour of the day.

Syntax notes3 items
  1. 2.12.8.prsequentis noctis media parte

    Ablative of time. Corresponding to the preceding "a media nocte" (from midnight), it indicates that the day ends at the middle of the following night, which is the next midnight.

  2. 2.12.8.prduabus dimidiatis noctibus et luce media

    An appositive explanation of the constituent parts of the twenty-four hours. A day consists of "midnight to dawn (the latter half-night)", "daylight (intervening light)", and "dusk to midnight (the former half-night)", which is phrased as "two halved nights and the intervening light".

  3. 2.12.8.prperinde est, quasi ... actum esset

    The comparative conditional conjunction quasi is used here with the subjunctive pluperfect (actum esset) to express a contrary-to-fact scenario, treating an act that may have actually occurred at night as legally equivalent to one performed during daylight hours.

Translated by Gemini 3.5 Flash (published 2026-07-12) · Revision history (1, latest 2026-09-21)
  • 2026-09-21 AI review — source 1
urn:cts:latinLit:phi2806.phi002.humanitext-lat1:2.12.8.pr