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Justinian I · The Digest of Justinian §16.1.21.pr-16.1.21.1

Denial of Protection for Intercession Yielding Personal Benefit

Passage 2367 of 9271 · Latin

Summary

This section explains that a woman is not protected by the senatorial decree if the transaction in which she interceded turned to her own benefit, or if she acted out of liberality, such as to protect her condemned father.

[CALLISTRATUS libro tertio institutionum. ] §16.1.21.prSi pro aliquo mulier intercesserit, sed in rem eius quod acceptum est uersaretur, exceptio senatus consulti locum non habet, quia non fit pauperior.
[CALLISTRATUS, Institutes, book 3] If a woman has interceded on behalf of someone, but what was received was converted to her own benefit, the exception of the senate decree does not apply, because she does not become poorer.
§16.1.21.1Item si quid liberaliter fecerit, ueluti ne iudicatus pater eius propter solutionem uexetur, non erit tuta senatus consulto: oneribus enim earum senatus succurrit.
Likewise, if she has done something out of liberality, for instance, so that her father, who has been condemned in judgment, may not be harassed on account of payment, she will not be protected by the senate decree; for the senate comes to the aid of their burdens.

Notes

  1. §16.1.21.prin rem eius ... uersaretur — 'in rem uersari' is a technical term in Roman law meaning to be converted to one's own profit or property. The genitive 'eius' refers to the 'mulier' (woman). If she actually benefits from the transaction, she cannot avail herself of the senatorial decree's protection.
  2. §16.1.21.1liberaliter fecerit — Meaning 'done out of liberality' or gratuitously. Voluntary actions or guarantees prompted by affection or moral duty, rather than legal obligation or unfair imposition, are excluded from the protection of the decree.
  3. §16.1.21.1oneribus enim earum — The dative 'oneribus' (plural of 'onus', burden/obligation) is governed by 'succurrit' (to succor, take dative). 'earum' refers to the women. This indicates the rationale that the senate relieves women of burdensome obligations imposed on them for others, not of voluntary losses incurred out of affection.

Cite this passage

Justinian I, The Digest of Justinian §16.1.21.pr-16.1.21.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:16.1.21.pr-16.1.21.1

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