Humanitext Reader

Justinian I · The Digest of Justinian §11.3.17.pr

Action Against a Wife for Corrupting a Slave During Marriage

Passage 1787 of 9271 · Latin

Summary

Explains that even while a marriage continues, an action for corrupting a slave is granted to a husband against his wife, but the claim is limited to the single value out of favor for the marriage.

[MARCIANUS libro quarto regularum. ] §11.3.17.prSerui corrupti nomine et constante matrimonio marito in mulierem datur actio, sed fauore nuptiarum in simplum.
[MARCIANUS, from the fourth book of Rules.] Even while the marriage continues, an action on the ground of corrupting a slave is granted to a husband against his wife, but, out of favor for the marriage, only for the single value.

Notes

  1. §11.3.17.prconstante matrimonio — An ablative absolute meaning "while the marriage continues," expressing a temporal or concessive condition, indicating that the action can be brought even between spouses.
  2. §11.3.17.prmulierem — Although it generally means "woman," here, in relation to the contrasting words marito (husband) and matrimonio (marriage), it contextually refers to the "wife."
  3. §11.3.17.prin simplum — "For the single value." While the action for corrupting a slave (actio servi corrupti) usually seeks double damages (in duplum), between spouses it is restricted to the single value out of favor for the marriage (fauore nuptiarum).

Cite this passage

Justinian I, The Digest of Justinian §11.3.17.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:11.3.17.pr

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