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Justinian I · The Digest of Justinian §50.16.13.pr-50.16.13.3

Scope of the Term Woman and Absence of Altered Things

Passage 8827 of 9271 · Latin

Summary

Ulpian defines the scope of the term 'woman' and discusses under what circumstances things that have been altered, damaged, or destroyed are deemed to be 'absent', as well as the conditions under which they cease to be absent.

[IDEM libro septimo ad edictum. ] §50.16.13.prMulieris' appellatione etiam uirgo uiripotens continetur.
[THE SAME, in the seventh book on the Edict.] Under the designation of 'woman', a virgin of marriageable age is also included.
§50.16.13.1Res 'abesse' uidentur (ut Sabinus ait et Pedius probat) etiam hae, quarum corpus manet, forma mutata est: et ideo si corruptae redditae sint uel transfiguratae, uideri abesse, quoniam plerumque plus est in manus pretio, quam in re. '
(As Sabinus says and Pedius approves) those things are also deemed to be 'absent' whose substance remains but whose form has been changed; and therefore, if they are returned damaged or altered in form, they are deemed to be absent, because generally there is more value in the workmanship than in the material.
§50.16.13.2Desinere' autem 'abesse' res tunc uidetur, cum sic redit in potestatem, ne amittere eius possessionem possimus.
But a thing is deemed to 'cease to be absent' only when it returns into our power in such a manner that we cannot lose possession of it.
§50.16.13.3Ob hoc, quod furto pridem subtracta est, abest et ea res, quae in rebus humanis non est.
Because it was previously taken away by theft, a thing which is no longer in existence is also deemed to be absent.

Notes

  1. 50.16.13.1in manus pretio — Meaning "in the price of the hand (workmanship/labor)". It is contrasted with "in re" (in the thing itself, or the raw material), indicating a situation where the value of the labor or craftsmanship expended exceeds the value of the material itself.
  2. 50.16.13.1uideri abesse — The construction shifts from the indicative "uidentur" in the first half to the passive infinitive "uideri". This can be understood as continuing the indirect discourse (accusative with infinitive) quoting the opinions of the jurists Sabinus and Pedius, or as a loose connection where the subject "res" (plural) is understood.
  3. 50.16.13.2sic... ne... possimus — Following the demonstrative "sic", "ne" is used to introduce a negative clause of result or purpose ("in such a way that we cannot...", "lest we should...").

Cite this passage

Justinian I, The Digest of Justinian §50.16.13.pr-50.16.13.3. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.16.13.pr-50.16.13.3

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