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Justinian I · The Digest of Justinian §48.5.45.pr

Accusation of Incest Against a Son-in-Law After Mother-in-Law's Death

Passage 8219 of 9271 · Latin

Summary

Papinian explains that a son-in-law can be prosecuted for incest even after his mother-in-law's death, comparing this to the prosecution of an adulterer after the woman's death.

[PAPINIANUS libro quarto responsorum. ] §48.5.45.prDefuncta quoque socru gener incesti postulabitur, ut adulter post mortem mulieris.
[PAPINIANUS, Book IV of Responses.] Even after the death of his mother-in-law, a son-in-law will be prosecuted for incest, just as an adulterer is after the death of the woman.

Notes

  1. §48.5.45.prDefuncta quoque socru — An ablative absolute construction consisting of "defuncta" (perfect participle feminine ablative singular of defungi, "to die") and "socru" (ablative singular of socrus, "mother-in-law"), conveying a temporal, conditional, or concessive meaning ("even after the death of the mother-in-law").
  2. §48.5.45.princesti — The genitive of charge (incestum, "incest") dependent on the verb of accusation "postulabitur" (future passive third-person singular of postulare, "to prosecute/accuse").
  3. §48.5.45.prut adulter post mortem mulieris — A comparative clause introduced by "ut" ("just as"). A corresponding form of the verb of accusation (such as postulatur or postulabitur) is implied after "adulter" ("just as an adulterer is prosecuted after the death of the woman").

Cite this passage

Justinian I, The Digest of Justinian §48.5.45.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:48.5.45.pr

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