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Justinian I · The Digest of Justinian §50.16.129.pr

Stillborn Infants Not Regarded as Born or as Children

Passage 8943 of 9271 · Latin

Summary

Paulus argues that those who are born dead are considered neither born nor procreated, on the grounds that they could never be designated as children.

[PAULUS libro primo ad legem Iuliam et Papiam. ] §50.16.129.prQui mortui nascuntur, neque nati neque procreati uidentur, quia numquam liberi appellari potuerunt.
[PAULUS, from the first book on the Lex Iulia et Papia.] Those who are born dead are seen as neither born nor procreated, because they could never have been called children.

Notes

  1. §50.16.129.prmortui — The nominative plural masculine of the adjective mortuus, functioning predicatively with the verb nascuntur in the relative clause, meaning "born in a state of death" (stillborn).
  2. §50.16.129.prliberi — The nominative plural of the noun liberi (children), rather than the substantive use of the adjective liber (free persons). The legal context concerning birth and inheritance necessitates this interpretation.

Cite this passage

Justinian I, The Digest of Justinian §50.16.129.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.16.129.pr

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