Humanitext Reader

Justinian I · The Digest of Justinian §24.1.37.pr

Actions Against a Wife Intentionally Destroying Donated Gifts

Passage 3549 of 9271 · Latin

Summary

Explains that if a wife intentionally causes a thing donated by her husband to cease to exist, she can be sued via an action for production or for unlawful damage, especially if this was done after a divorce.

[IULIANUS libro septimo decimo digestorum. ] §24.1.37.prSi mulier dolo fecerit, ne res exstaret sibi a marito donata, uel ad exhibendum uel damni iniuriae cum ea agi poterit, maxime si post diuortium id commiserit.
[JULIANUS in his seventeenth book of the Digests.] If a wife has acted with malice so that the thing donated to her by her husband does not exist, she can be sued either by an action for production or for unlawful damage, especially if she committed this after a divorce.

Notes

  1. §24.1.37.prfecerit, ne res exstaret — The construction of `facere` followed by the negative conjunction `ne` with the imperfect subjunctive `exstaret` expressing purpose or result, meaning "to arrange or bring it about that the thing does not exist." `fecerit` is in the future perfect tense.
  2. §24.1.37.prcum ea agi poterit — A passive impersonal expression derived from `agere cum aliquo` (to bring an action against someone). Here, `agi` is the passive infinitive, which, combined with the impersonal `poterit` ("it will be possible"), means "an action can be brought against her."
  3. §24.1.37.prad exhibendum uel damni iniuriae — Both refer to types of legal actions. `ad exhibendum` refers to the action for production (an action in rem), and `damni iniuriae` is a genitive referring to the action for unlawful damage (under the Lex Aquilia).

Cite this passage

Justinian I, The Digest of Justinian §24.1.37.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:24.1.37.pr

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