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Justinian I · The Digest of Justinian §48.5.17.pr

Warning against Remarriage and Adultery Prosecution

Passage 8191 of 9271 · Latin

Summary

It rules that a former husband who sent a divorce notice can warn his former wife not to marry a specific man, and if he did so, he can begin the adultery prosecution with her.

[ULPIANUS libro primo de adulteriis. ] §48.5.17.prQui uxori repudium miserit, postea denuntiare, ne Seio nuberet, et, si denuntiauerit, et ab ea incipere potest.
[ULPIANUS, in the first book on Adultery.] He who has sent a notice of divorce to his wife can afterwards warn her not to marry Seius, and, if he has warned her, he can also begin with her.

Notes

  1. §48.5.17.prdenuntiare ... et ... et ab ea incipere potest — The auxiliary verb `potest` governs both infinitives `denuntiare` and `incipere`. The correlative structure `et ... et ...` indicates that both actions are permissible: warning the wife (denuntiare) and, upon having warned her, beginning the prosecution with her (ab ea incipere).
  2. §48.5.17.prab ea incipere — The object of `incipere` (to begin) is omitted, but understood from the context (especially the preceding fragments 48.5.16.8-9) as the "accusation of adultery" (accusationem). `ab ea` (with her) refers to starting the proceedings with the former wife (the adulteress) rather than the male partner (adulter).

Cite this passage

Justinian I, The Digest of Justinian §48.5.17.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:48.5.17.pr

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