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Justinian I · The Digest of Justinian §25.1.9.pr

Reimbursement of Voluptuary Expenses and Removal of Ornaments

Passage 3668 of 9271 · Latin

Summary

Ulpianus discusses the recovery of voluptuary expenses, stating that if the wife refuses to allow the husband to remove the decorations, she must pay for them, while inseparable decorations must be left behind.

[ULPIANUS libro trigesimo sexto ad Sabinum. ] §25.1.9.prPro uoluptariis impensis, nisi parata sit mulier pati maritum tollentem, exactionem patitur.
[ULPIANUS, On Sabinus, book 36] With regard to voluptuary expenses, unless the wife is prepared to permit the husband to remove them, she is subject to a demand for payment.
nam si uult habere mulier, reddere ea quae impensa sunt debet marito: aut si non uult, pati debet tollentem, si modo recipiant separationem: ceterum si non recipiant, relinquendae sunt: ita enim permittendum est marito auferre ornatum quem posuit, si futurum est eius quod abstulit.
For if the wife wishes to keep them, she must reimburse the husband for what was expended; or, if she does not wish to do so, she must permit him to remove them, provided they can be separated. However, if they cannot be separated, they must be left behind; for the husband is only to be allowed to take away the ornamentation he has installed if what he has removed is to become his property.

Notes

  1. §25.1.9.prexactionem patitur — The subject of the verb patitur is mulier (the wife). The noun exactio refers to the husband's demand for reimbursement, indicating that if the wife objects to the removal of the improvements, she must submit to his claim for payment.
  2. §25.1.9.prrecipiant separationem — The subject of the subjunctive recipiant is contextually the decorative additions. The verb recipere here means 'to admit of' or 'to allow', creating a condition meaning 'provided that they can be separated (without destroying the property)'.
  3. §25.1.9.prsi futurum est eius — eius is the genitive singular of the demonstrative pronoun is, serving as a possessive genitive referring to the husband (mariti). The relative clause quod abstulit (what he has removed) is the subject of futurum est, indicating the condition 'if what he has taken away is to become his property'.

Cite this passage

Justinian I, The Digest of Justinian §25.1.9.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:25.1.9.pr

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