Humanitext Reader

Justinian I · The Digest of Justinian §25.2.19.pr

Wife's Liability for Removing Property through Third Parties

Passage 3694 of 9271 · Latin

Summary

Ulpian confirms Labeo's view that if a wife uses third parties to remove her husband's property during a divorce, she is liable under the action for property removed, even if she did not touch the property herself or receive it.

[ULPIANUS libro trigesimo quarto ad edictum. ] §25.2.19.prSed et si diuortii tempore fures in domum mariti induxerit et per eos res amouerit, ita ut ipsa non contrectauerit, rerum amotarum iudicio tenebitur.
[ULPIAN, On the Edict, book 34.] But also if, at the time of divorce, she introduced thieves into her husband's house and removed things through them, in such a way that she herself did not touch them, she will be held liable under the action for property removed.
uerum est itaque quod Labeo scripsit uxorem rerum amotarum teneri, etiamsi ad eam res non peruenerit.
Therefore, it is true what Labeo wrote, that a wife is held liable for property removed, even if the property did not reach her.

Notes

  1. §25.2.19.prrerum amotarum iudicio — The term 'iudicium' (action/trial) here refers to the 'actio rerum amotarum' (action for property removed), a special civil action in Roman law. This action was granted when a wife removed her husband's property on the occasion of a divorce, serving as an alternative because a regular theft action (actio furti) could not be brought between spouses. In the subsequent phrase 'uxorem rerum amotarum teneri', 'iudicio' is omitted, and 'rerum amotarum' (substantivized genitive) functions directly as the genitive of charge/liability governed by 'teneri' (to be held liable).
  2. §25.2.19.prita ut ipsa non contrectauerit — This introduces an adverbial clause of result (ita ut + subjunctive). 'contrectauerit' is in the perfect subjunctive (or perfect historical used independently of strict sequence), presenting the completion of the act (or the factual state) of the wife not physically touching the property, as a premise for the future liability 'tenebitur'. 'contrectare' (to touch/handle) is a term chosen with awareness of 'contrectatio' (physical handling), which was a necessary element for theft (furtum) in Roman law.

Cite this passage

Justinian I, The Digest of Justinian §25.2.19.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:25.2.19.pr

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