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Justinian I · The Digest of Justinian §50.1.20.pr

Factual Requirements for the Transfer of Domicile

Passage 8663 of 9271 · Latin

Summary

This section explains that the transfer of domicile requires actual fact and deed rather than a bare declaration, applying the same standard of proof as is required when determining the residency status of those seeking to avoid public duties.

[PAULUS libro uicensimo quarto quaestionum. ] §50.1.20.prDomicilium re et facto transfertur, non nuda contestatione: sicut in his exigitur, qui negant se posse ad munera ut incolas uocari.
[PAULUS, Questions, Book XXIV] Domicile is transferred by fact and by deed, not by bare declaration; just as is required in the case of those who deny that they can be called upon for public duties as inhabitants.

Notes

  1. §50.1.20.prre et facto — Ablatives of means. They indicate that both objective reality (re) and concrete action (facto) are required for the transfer of domicile, in contrast with mere verbal declaration (contestatione).
  2. §50.1.20.prexigitur — Used impersonally or with the factual reality of transfer implied as its subject, meaning 'it [proof of the actual fact] is required.'
  3. §50.1.20.prnegant se posse — Accusative with Infinitive (A.C.I.) construction. 'se' is the subject accusative of 'posse', meaning 'they deny that they can [be called upon...].'

Cite this passage

Justinian I, The Digest of Justinian §50.1.20.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.1.20.pr

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