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The Digest of Justinian

§3.2.16.pr

Definition of Fraudulent Possession in the Ventre

Paulus clarifies that the fraudulent possession mentioned in the previous section refers to cases where the woman was not actually pregnant, or had conceived by a man other than her deceased husband.

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[PAULUS libro octauo ad edictum.]

[PAULUS, in his Eighth Book on the Edict.]

§3.2.16.pr

​cum1 non praegnas esset uel ex alio2 concepisset:

​this is when she was not pregnant, or had conceived by another.

Syntax notes2 items
  1. 3.2.16.prcum

    The cum clause, taking the subjunctive imperfect esset and pluperfect concepisset, explains and supplements the specific circumstances or conditions of the fraud (per calumniam) mentioned in the preceding section (Ulpianus, §3.2.15.pr).

  2. 3.2.16.prex alio

    The word alio is a masculine singular ablative, substantively referring to 'another man' (other than the deceased husband). The preposition ex denotes origin or agency ('by another').

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:3.2.16.pr