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Justinian I · The Digest of Justinian §38.1.46.pr

Action for Services against Freedwoman in Concubinage

Passage 5931 of 9271 · Latin

Summary

This text rules that if a freedwoman is in a concubinage with her patron, just as in a formal marriage, the patron is not entitled to bring an action for services against her.

[UALENS libro quinto fideicommissorum. ] §38.1.46.prLiberta si in concubinatu patroni esset, perinde ac si nupta eidem esset, operarum petitionem in eam dari non oportere constat.
[VALENS, in his fifth book on Trusts.] If a freedwoman is in a state of concubinage with her patron, just as if she were married to him, it is established that an action for services ought not to be granted against her.

Notes

  1. §38.1.46.prperinde ac si nupta eidem esset — Using the imperfect subjunctive 'esset', this clause expresses a hypothetical comparison ('just as if she were married to the same man'). It indicates that although they are not formally married, the legal consequence (the denial of the claim for services) should be treated the same as if they were.
  2. §38.1.46.properarum petitionem in eam dari non oportere constat — The impersonal verb 'constat' takes the accusative and infinitive construction (AcI) with 'oportere' as its main infinitive. The subject of 'oportere' is 'operarum petitionem', which is modified by the passive infinitive 'dari'. 'in eam' functions as 'against her'.

Cite this passage

Justinian I, The Digest of Justinian §38.1.46.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:38.1.46.pr

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