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Justinian I · The Digest of Justinian §25.1.8.pr

Deduction of Useful Expenses by Wife's Consent

Passage 3667 of 9271 · Latin

Summary

Paulus states that a deduction for useful expenses should only be made if they were incurred with the wife's consent, endorsing the view that compelling her to sell the property to cover such expenses is unjust, which represents the highest level of equity.

[PAULUS libro septimo ad Sabinum. ] §25.1.8.prUtilium nomine ita faciendam deductionem quidam dicunt, si uoluntate mulieris factae sint: iniquum enim esse compelli mulierem rem uendere, ut impensas in eam factas solueret, si aliunde soluere non potest: quod summam habet aequitatis rationem.
[PAULUS, On Sabinus, book 7] Some say that a deduction on account of useful expenses should be made in this way only if they were incurred with the consent of the wife; for it is unjust for a woman to be compelled to sell a property in order to pay for the expenses incurred on it, if she cannot pay from any other source; which is a principle of the highest equity.

Notes

  1. §25.1.8.prita... si — A correlative expression indicating a restrictive condition ("only if... then... should be done"). It does not merely express a simple condition but limits the requirement under which the deduction (deductio) is permissible.
  2. §25.1.8.prcompelli mulierem rem uendere — An accusative with infinitive construction functioning as the real subject of the infinitive clause iniquum esse, which expresses an impersonal judgment. The accusative mulierem is the subject of the passive infinitive compelli, which in turn governs the active infinitive uendere.
  3. §25.1.8.prin eam — The antecedent of the pronoun eam is the preceding rem. It means "the expenses incurred on that thing (the property she is compelled to sell)".

Cite this passage

Justinian I, The Digest of Justinian §25.1.8.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:25.1.8.pr

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