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Justinian I · The Digest of Justinian §24.2.7.pr

Repentance After Sending a Repudiation Bill

Passage 3586 of 9271 · Latin

Summary

If a sender of a divorce bill repents before delivery, the marriage generally continues even if delivered in ignorance, but it is dissolved if the recipient, aware of the repentance, nonetheless wishes to end the marriage.

[PAPINIANUS libro primo de adulteriis. ] §24.2.7.prSi paenituit eum, qui libellum tradendum diuortii dedit, isque per ignorantiam mutatae uoluntatis oblatus est, durare matrimonium dicendum, nisi paenitentia cognita is qui accepit ipse uoluit matrimonium dissoluere: tunc enim per eum qui accepit soluitur matrimonium.
[PAPINIAN, in the first book on Adulteries.] If a person who gave a bill of divorce to be delivered has repented, and it has been presented through ignorance of his change of mind, it must be said that the marriage continues, unless, having learned of the repentance, the person who received it has himself wished to dissolve the marriage; for in that case, the marriage is dissolved by the one who received it.

Notes

  1. §24.2.7.prpaenituit — Perfect of the impersonal verb paenitet (to regret). As an impersonal verb of emotion, it takes the accusative of the person (eum) who experiences the feeling, meaning 'he repented'.
  2. §24.2.7.prlibellum tradendum ... dedit — The verb do (to give) combined with the gerundive (future passive participle) in the accusative (tradendum) expresses purpose, meaning 'gave to be delivered' (i.e., entrusted to someone for delivery).
  3. §24.2.7.prmutatae uoluntatis — A combination of a noun and a perfect passive participle representing the whole event ('the fact that the will had changed', so-called ab urbe condita construction), serving as an objective genitive dependent on ignorantiam.

Cite this passage

Justinian I, The Digest of Justinian §24.2.7.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:24.2.7.pr

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