Humanitext Reader

Justinian I · The Digest of Justinian §24.1.63.pr

Recovery of a Wife's Materials Joined to Her Husband's House

Passage 3575 of 9271 · Latin

Summary

Presents the opinion of Neratius and the note of Paulus regarding a wife's property incorporated into her husband's building, stating that the action for double value under the Twelve Tables does not apply, but only a vindication once the property is detached is available.

[PAULUS libro tertio ad NERATIUM.] §24.1.63.prDe eo, quod uxoris in aedificium uiri ita coniunctum est, ut detractum alicuius usus esse possit, dicendum est agi posse, quia nulla actio est, ex lege duodecim tabularum, quamuis decemuiros non sit credibile de his sensisse, quorum uoluntate res eorum in alienum aedificium coniunctae essent.
[PAULUS, in the third book of Commentary on Neratius.] Regarding that property of a wife which is joined to her husband's building in such a way that, when detached, it can be of some use, it must be said that an action can be brought, because there is no action under the Law of the Twelve Tables, although it is not credible that the decemvirs had in mind those by whose consent their property had been joined to another's building.
PAULUS notat: sed in hoc solum agi potest, ut sola uindicatio soluta re competat mulieri, non in duplum ex lege duodecim tabularum: neque enim furtiuum est, quod sciente domino inclusum est.
PAULUS notes: but in this case an action can be brought only to the effect that a mere vindication is available to the woman once the property is separated, not for double the value under the Law of the Twelve Tables; for that which is incorporated with the knowledge of the owner is not stolen.

Notes

  1. §24.1.63.pruxoris — uxoris is a possessive genitive modifying an omitted neuter noun (such as res or bona) which acts as the subject of the relative clause, forming the structure eo, quod uxoris [res/bona] ... ('concerning that which is the wife's...').
  2. §24.1.63.prdecemuiros non sit credibile de his sensisse — The accusative with infinitive (A.C.I.) clause decemuiros... sensisse ('that the decemvirs had in mind') acts as the subject of the impersonal expression non sit credibile ('it is not credible'). de his serves as the antecedent of the relative clause quorum uoluntate...
  3. §24.1.63.prsoluta re — Ablative absolute meaning 'once the property is detached' or 'if the thing is separated,' expressing a temporal or conditional circumstance.

Cite this passage

Justinian I, The Digest of Justinian §24.1.63.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:24.1.63.pr

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