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Justinian I · The Digest of Justinian §25.2.15.pr-25.2.15.1

Cohabitation and Theft Liability of Female Family Members

Passage 3690 of 9271 · Latin

Summary

Ulpian explains that the action for removed property is available regardless of whether the spouses cohabited, and outlines the rules on the commission of theft by female descendants-in-law against male family heads, noting the exception when a son is emancipated.

[ULPIANUS libro trigesimo quarto ad edictum. ] §25.2.15.prNihil interest, utrum simul an separatim habitauerunt, cum actio rerum amotarum competat etiam aduersus eam, quae ex ea domo subtraxit, in qua non simul cum uiro habitauit.
[ULPIANUS, On the Edict, book 34.] It makes no difference whether they lived together or separately, since the action for removed property is available even against a woman who has purloined things from that house in which she did not live together with her husband.
§25.2.15.1Uxor et nurus et pronurus uiro et socero et prosocero furtum facere possunt, furti autem non tenentur.
A wife, a daughter-in-law, and a granddaughter-in-law can commit theft against a husband, a father-in-law, and a grandfather-in-law, but they are not held liable for theft.
nisi forte emancipatus sit filius: tunc enim nurus patri eius et furtum facit et furti tenetur.
Unless by chance the son has been emancipated; for then the daughter-in-law both commits theft against his father and is held liable for theft.

Notes

  1. §25.2.15.prcum actio rerum amotarum competat — The conjunction cum takes the subjunctive competat to express cause ('since' or 'because'), providing the reason why the cohabitation of the spouses is immaterial.
  2. §25.2.15.1furti ... tenentur — The passive of tenere construed with the genitive of the charge (furti) means 'to be held liable for theft' or 'to be subject to an action for theft'.

Cite this passage

Justinian I, The Digest of Justinian §25.2.15.pr-25.2.15.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:25.2.15.pr-25.2.15.1

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