Humanitext Reader

Justinian I · The Digest of Justinian §3.5.32.pr

Remedies Against a Wife Holding Her Husband's Goods

Passage 604 of 9271 · Latin

Summary

It is stated that the heir of a deceased husband should not prosecute the wife for plundered inheritance if she held his property during the marriage, but should instead use the action for production or the action for management of affairs.

[IDEM libro decimo responsorum. ] §3.5.32.prHeres uiri defuncti uxorem, quae res uiri tempore nuptiarum in sua potestate habuit, compilatae hereditatis postulare non debet.
[IDEM, Responses, Book X] The heir of a deceased husband ought not to prosecute for plundered inheritance the wife who, during the marriage, had the husband's property in her power.
prudentius itaque faciet, si ad exhibendum et negotiorum gestorum, si in negotia quoque uiri gessit, cum ea fuerit expertus.
Therefore, he will act more prudently if, in the event of legal proceedings against her, he avails himself of the action for production and the action for management of affairs (if she also conducted the affairs of his).

Notes

  1. §3.5.32.prcompilatae hereditatis — The object of the verb 'postulare' (to prosecute) is expressed in the accusative (uxorem), while the charge or crime is in the genitive (compilatae hereditatis), referring to the plundering of an inheritance.
  2. §3.5.32.prad exhibendum et negotiorum gestorum — Elliptical expressions for the specific legal actions, namely 'actio ad exhibendum' (action for production) and 'actio negotiorum gestorum' (action for management of affairs), serving as the means by which the heir might proceed (expertus fuerit) against the wife.
  3. §3.5.32.prsi in negotia quoque uiri gessit — An idiom based on 'negotia gerere' (to manage affairs). Although the preposition 'in' is present in the text, it functions semantically as a conditional clause meaning 'if she also conducted the affairs of her husband.'

Cite this passage

Justinian I, The Digest of Justinian §3.5.32.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:3.5.32.pr

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