Humanitext Reader

Justinian I · The Digest of Justinian §38.10.7.pr

Stepson Status of Children Born out of Wedlock

Passage 6049 of 9271 · Latin

Summary

Scaevola defines a stepson, explaining that children born out of wedlock or during concubinage are also considered stepsons of a husband whom their mother subsequently marries.

[SCAEUOLA libro quarto regularum. ] §38.10.7.prPriuignus etiam is est, qui uolgo conceptus ex ea natus est quae postea mihi nupsit, aeque et is qui, cum in concubinatu erat mater eius, natus ex ea est eaque postea alii nupta sit.
[SCAEUOLA in his fourth book of Rules.] A stepson is also that person who, having been conceived out of wedlock, was born of a woman who afterwards married me, and likewise that person who, when his mother was in concubinage, was born of her, and she afterwards married another.

Notes

  1. §38.10.7.pruolgo conceptus — A combination of the adverb `uolgo` (commonly, promiscuously) and the perfect participle `conceptus` (conceived). It is a Roman legal term referring to an illegitimate child conceived out of wedlock without a legally recognized father.
  2. §38.10.7.preaque postea alii nupta sit — The subjunctive `nupta sit` (perfect or present) within the relative clause `qui... natus est` introduces a subordinate circumstantial or conditional clause, meaning "and provided that she (the mother) has subsequently married another man," which completes the definition of a stepson in the main clause.

Cite this passage

Justinian I, The Digest of Justinian §38.10.7.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:38.10.7.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.