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Justinian I · The Digest of Justinian §38.10.6.pr-38.10.6.1

Scope of In-Law Terms and Application to Betrothed

Passage 6048 of 9271 · Latin

Summary

On the legal scope of affinity terms. It presents Labeo's view that the wife of a maternal grandson is deemed a daughter-in-law, and states that terms for in-laws also apply to betrothed couples and their parents.

[ULPIANUS libro quinto ad legem Iuliam et Papiam. ] §38.10.6.prLabeo scribit nepotis ex filia mea nati uxorem nurum mihi esse.
[ULPIANUS in his fifth book on the Lex Julia et Papia.] Labeo writes that the wife of a grandson born to my daughter is a daughter-in-law to me.
§38.10.6.1Generi et nurus appellatione sponsus quoque et sponsa continetur: item socri et socrus appellatione sponsorum parentes contineri uidentur.
By the term "son-in-law" and "daughter-in-law", the betrothed man and the betrothed woman are also included; likewise, by the term "father-in-law" and "mother-in-law", the parents of the betrothed couple seem to be included.

Notes

  1. §38.10.6.prnepotis ex filia mea nati uxorem nurum mihi esse — An accusative with infinitive (AcI) construction introduced by the verb scribit. The subject accusative is uxorem, the predicate accusative is nurum, and the infinitive is esse. uxorem is modified by the genitive phrase nepotis ex filia mea nati (of the grandson born of my daughter), where nati is a perfect participle agreeing with nepotis. The dative mihi functions as a dative of relation.
  2. §38.10.6.1continetur — Although the subject is plural and coordinated (sponsus quoque et sponsa), the verb continetur is in the singular. This is due to attraction (agreement with the nearest subject, sponsa) or because the betrothed couple is conceived as a single collective unit.

Cite this passage

Justinian I, The Digest of Justinian §38.10.6.pr-38.10.6.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:38.10.6.pr-38.10.6.1

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