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Justinian I · The Digest of Justinian §24.2.4.pr

Capacity of an Insane Wife to Send or Receive Repudiation

Passage 3583 of 9271 · Latin

Summary

Ulpian discusses whether an insane woman can send or receive a repudiation, citing Julian, and agrees with the view that while she herself cannot send it, her father can, which implies that the marriage continues during her insanity.

[ULPIANUS libro uicesimo sexto ad Sabinum. ] §24.2.4.prIulianus libro octauo decimo digestorum quaerit, an furiosa repudium mittere uel repudiari possit.
[ULPIANUS, in the twenty-sixth book on Sabinus.] Julianus, in the eighteenth book of his Digests, asks whether an insane woman can send a repudiation or be repudiated.
et scribit furiosam repudiari posse, quia ignorantis loco habetur: repudiare autem non posse neque ipsam propter dementiam neque curatorem eius, patrem tamen eius nuntium mittere posse.
And he writes that an insane woman can be repudiated, because she is held in the position of one who is ignorant; but that neither she herself on account of her madness, nor her curator, can send a repudiation, yet her father can send the notice.
quod non tractaret de repudio, nisi constaret retineri matrimonium: quae sententia mihi uidetur uera.
For he would not treat of repudiation, unless it were established that the marriage is preserved; which opinion seems to me to be true.

Notes

  1. §24.2.4.prignorantis loco habetur — 'ignorantis' is the genitive singular of the present participle 'ignorans' used substantively. 'loco' is an ablative of place or condition used with the passive 'haberi' to denote status.
  2. §24.2.4.prquod non tractaret ... nisi constaret — This clause expresses a contrary-to-fact conditional sentence in the present, using the subjunctive imperfect ('tractaret' and 'constaret'). 'quod' is a causal conjunction. 'constaret' is an impersonal verb taking the accusative with infinitive phrase 'retineri matrimonium' as its subject.

Cite this passage

Justinian I, The Digest of Justinian §24.2.4.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:24.2.4.pr

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