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Justinian I · The Digest of Justinian §50.1.9.pr

Origin of an Illegitimate Child Determined by the Mother

Passage 8652 of 9271 · Latin

Summary

It states that the origin (origo) of a child without a lawful father must be determined by the mother and calculated from the day of birth.

[NERATIUS libro tertio membranarum. ] §50.1.9.prEius, qui iustum patrem non habet, prima origo a matre eoque die, quo ex ea editus est, numerari debet.
[NERATIUS, Parchments, book 3] The primary origin of one who does not have a lawful father must be counted from the mother and from that day on which he was born of her.

Notes

  1. §50.1.9.prorigo — In Roman law, "origo" (origin) does not merely refer to the physical place of birth, but signifies the legal status or municipal origin that determines a person's civic duties in a specific municipality.
  2. §50.1.9.preoque die — The preposition a governs both matre and eoque die (implying "a matre et ab eo die"), thus indicating the starting point of the calculation.

Cite this passage

Justinian I, The Digest of Justinian §50.1.9.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.1.9.pr

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