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Justinian I · The Digest of Justinian §22.1.10.pr

Restitution of Children Born Before and After Joinder of Issue

Passage 3170 of 9271 · Latin

Summary

Explains the obligation to restore a child born after the joinder of issue, distinguishing it from the case where the child was already born at the time of the lawsuit.

[PAULUS libro secundo quaestionum. ] §22.1.10.prPartum post litem contestatam editum restituere possessor debet: quem non deberet restituere, si, cum mater peteretur, iam natus fuisset, nisi specialiter et pro hoc egisset.
[PAULUS, Questions, Book 2] The possessor must restore a child born after the joinder of issue; which child he would not have been obliged to restore if, at the time the mother was claimed, it had already been born, unless the plaintiff had sued specifically and for this child.

Notes

  1. §22.1.10.prnon deberet — The subjunctive imperfect expresses a continuous lack of obligation in the past (or a state of not being obliged to restore at the time of the lawsuit), contrasting with the subjunctive pluperfect natus fuisset in the condition.
  2. §22.1.10.pregisset — The 3rd person singular pluperfect subjunctive of agere (to bring an action). Although the subject is not explicitly stated, it refers to the plaintiff (petitor) who claimed the mother (mater peteretur).

Cite this passage

Justinian I, The Digest of Justinian §22.1.10.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:22.1.10.pr

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