[IDEM libro septimo ad Sabinum. ] §50.16.161.prNon est 'pupillus', qui in utero est.
[THE SAME, in the seventh book on Sabinus.] One who is in the womb is not a 'ward'.
Justinian I · The Digest of Justinian §50.16.161.pr
Exclusion of an Unborn Child from the Status of Ward
Summary
The legal principle that a fetus still in the womb is not yet classified as a 'ward'.
Notes
- §50.16.161.prqui in utero est — A relative clause with its antecedent (such as is) omitted, functioning as the grammatical subject of the sentence.
- §50.16.161.prpupillus — A technical term in Roman law referring to a minor who is sui iuris (independent of paternal power) but requires a guardian (tutela). An unborn child, not yet being an independent legal subject, is excluded from this definition.
Cite this passage
Justinian I, The Digest of Justinian §50.16.161.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.16.161.pr
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