Justinian I · The Digest of Justinian §47.19.5.pr

Immunity of a Wife from Accusation of Plundered Inheritance

Passage 8093 of 9271 · Latin

Summary

It explains that a wife is not accused of the crime of plundered inheritance because an action for theft cannot be brought against her.

[HERMOGENIANUS libro secundo iuris epitomarum. ] §47.19.5.prUxor expilatae hereditatis crimine idcirco non accusatur, quia nec furti cum ea agitur.

[HERMOGENIANUS, in the second book of epitomes of law.] A wife is not accused of the crime of plundered inheritance for this reason, because an action for theft is not brought against her either.

Notes

§47.19.5.prfurti cum ea agitur — The impersonal passive 'agitur' of the verb 'agere' is combined with 'cum ea' indicating the defendant, and 'furti', the genitive of the charge (genitive of crime). It means 'an action for theft is brought against her', reflecting the Roman law rule that an actio furti cannot be brought between spouses.

Cite this passage

Justinian I, The Digest of Justinian §47.19.5.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:47.19.5.pr

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