Humanitext Reader

Justinian I · The Digest of Justinian §24.1.51.pr

Presumption of Mucius on the Source of Wife's Property

Passage 3563 of 9271 · Latin

Summary

Explains the doctrine of Quintus Mucius (the *praesumptio Muciana*), which states that when the source of a wife's property is in dispute and cannot be proven, it should be presumed to have come from her husband or his household to avoid any suspicion of sordid gain.

[POMPONIUS libro quinto ad Quintum Mucium. ] §24.1.51.prQuintus Mucius ait, cum in controuersiam uenit, unde ad mulierem quid peruenerit, et uerius et honestius est quod non demonstratur unde habeat existimari a uiro aut qui in potestate eius esset ad eam peruenisse.
[POMPONIUS, in the fifth book on Quintus Mucius.] Quintus Mucius says that, when a dispute arises as to whence anything has come to a woman, it is both truer and more honorable that that which is not proved whence she has it should be deemed to have come to her from her husband or from someone who was under his power.
euitandi autem turpis quaestus gratia circa uxorem hoc uidetur Quintus Mucius probasse.
Moreover, Quintus Mucius seems to have approved this for the sake of avoiding sordid gain in relation to a wife.

Notes

  1. §24.1.51.prquod non demonstratur unde habeat — A relative clause introduced by the relative pronoun `quod` with an omitted antecedent (`id`). `quod` serves as the subject of the passive verb `non demonstratur` (is not proved), which is further qualified by the indirect question `unde habeat` (whence she has [it]). The entire clause qualifies the omitted subject (`id`) of the accusative and infinitive construction `[id] ... existimari ... ad eam peruenisse` which functions as the subject of the main verb `est`.
  2. §24.1.51.preuitandi autem turpis quaestus gratia — An expression of purpose using `gratia` (governing the genitive). It is a gerundive construction where the gerundive `euitandi` (genitive masculine singular) agrees with `turpis quaestus` (fourth declension masculine noun, genitive singular), meaning "for the sake of avoiding sordid gain."

Cite this passage

Justinian I, The Digest of Justinian §24.1.51.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:24.1.51.pr

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