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Justinian I · The Digest of Justinian §3.2.16.pr

Definition of Fraudulent Possession in the Ventre

Passage 474 of 9271 · Latin

Summary

Paulus clarifies that the fraudulent possession mentioned in the previous section refers to cases where the woman was not actually pregnant, or had conceived by a man other than her deceased husband.

[PAULUS libro octauo ad edictum. ] §3.2.16.prcum non praegnas esset uel ex alio concepisset:
[PAULUS, in his Eighth Book on the Edict.] this is when she was not pregnant, or had conceived by another.

Notes

  1. §3.2.16.prcum — The cum clause, taking the subjunctive imperfect esset and pluperfect concepisset, explains and supplements the specific circumstances or conditions of the fraud (per calumniam) mentioned in the preceding section (Ulpianus, §3.2.15.pr).
  2. §3.2.16.prex alio — The word alio is a masculine singular ablative, substantively referring to 'another man' (other than the deceased husband). The preposition ex denotes origin or agency ('by another').

Cite this passage

Justinian I, The Digest of Justinian §3.2.16.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:3.2.16.pr

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