Humanitext Reader

Justinian I · The Digest of Justinian §25.2.27.pr

Adultery Charge Not Postponing Action for Property Removed

Passage 3702 of 9271 · Latin

Summary

Papinian determines that the civil action for property removed is not postponed due to a pending criminal charge of adultery against the wife.

[PAPINIANUS libro quarto responsorum. ] §25.2.27.prRerum amotarum actio ob adulterii crimen, quo mulier postulata est, non differtur.
[PAPINIANUS, Opinions, book 4.] The action for property removed is not postponed on account of a charge of adultery, under which the woman has been prosecuted.

Notes

  1. §25.2.27.prquo — Relative pronoun in the neuter singular ablative. Its antecedent is the preceding noun `crimen` (charge), functioning as an ablative of cause or instrument ("by which charge").
  2. §25.2.27.prmulier — Although generally meaning "woman," it specifically refers to the "wife" here, as the action for property removed (rerum amotarum actio) is brought against a wife who has taken her husband's property on the occasion of a divorce.
  3. §25.2.27.prpostulata est — Perfect passive indicative of the verb `postulare` (to prosecute, impeach). It means "has been accused" or "prosecuted," referring here to the initiation of criminal proceedings for adultery (crimen adulterii) against the woman.

Cite this passage

Justinian I, The Digest of Justinian §25.2.27.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:25.2.27.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.