Humanitext Reader

Justinian I · The Digest of Justinian §24.1.47.pr

Classification of Husband's Outlays as a Matter of Fact

Passage 3559 of 9271 · Latin

Summary

This section explains that whether a husband's expenditure on his wife's property was made in managing her business or out of husbandly duty is a question of fact, not of law, which can be easily determined from the scale and nature of the expenditure.

[CELSUS libro primo digestorum. ] §24.1.47.prUtrum negotium uxoris gerens an officio mariti ductus in rem eius impenderit uir, facti, non iuris est quaestio: coniectura eius rei ex modo et ex genere impensae non difficilis est.
[CELSUS, in the first book of the Digests.] Whether a husband made an expenditure on his wife's property as managing her business, or led by his duty as a husband, is a question of fact, not of law; the conjecture of this matter from the measure and character of the expenditure is not difficult.

Notes

  1. §24.1.47.prUtrum ... impenderit uir — The indirect question clause introduced by utrum ... an ... functions as the subject (or a clause in apposition to the subject) of the main sentence (quaestio ... est). The verb impenderit is in the perfect subjunctive.
  2. §24.1.47.prfacti, non iuris — Genitives of quality or relation modifying the noun quaestio. It means "a question of fact, not of law", indicating that it is a matter of factual determination based on concrete evidence rather than legal interpretation.

Cite this passage

Justinian I, The Digest of Justinian §24.1.47.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:24.1.47.pr

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