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Justinian I · The Digest of Justinian §25.2.7.pr

Action by Wife for Property Removed and Set-Off

Passage 3682 of 9271 · Latin

Summary

It rules that a wife has an action for property removed against her husband, and she can set it off against any action the husband wishes to bring on the same ground.

[ULPIANUS libro trigesimo sexto ad Sabinum. ] §25.2.7.prMulier habebit rerum amotarum actionem aduersus uirum et compensare potest mulier cum actione, qua maritus agere uult ob res amotas.
[ULPIAN, On Sabinus, book 36.] The wife will have the action for property removed against her husband, and she can set off against the action by which the husband wishes to sue on account of property removed.

Notes

  1. §25.2.7.prcompensare potest mulier cum actione, qua maritus agere uult — The verb compensare (to set off, compensate) is used here with cum + ablative (cum actione), meaning 'to set off against the action'. The relative pronoun qua is in the ablative, agreeing with the antecedent actione, and represents the instrument or means by which the husband wishes to bring an action (agere).

Cite this passage

Justinian I, The Digest of Justinian §25.2.7.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:25.2.7.pr

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