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Justinian I · The Digest of Justinian §50.16.231.pr

Conditions for Considering an Unborn Child as Born

Passage 9045 of 9271 · Latin

Summary

It explains that the rule considering an unborn child as already born applies only when the child's own rights are concerned, and does not benefit others unless the child is actually born.

[IDEM libro singulari ad senatus consultum Tertullianum. ] §50.16.231.prQuod dicimus eum, qui nasci speratur, pro superstite esse, tunc uerum est, cum de ipsius iure quaeritur: aliis autem non prodest nisi natus.
[THE SAME, in the single book on the Senatus Consultum Tertullianum.] Our saying that one who is expected to be born is considered as already living is true only when his own right is in question; but to others he is of no benefit unless he is born.

Notes

  1. §50.16.231.prQuod — The conjunction Quod here introduces a noun clause of fact, corresponding with the demonstrative adverb tunc in the main clause, meaning 'the fact that (we say) ... is true when ...'.
  2. §50.16.231.prpro superstite esse — The combination of the preposition pro (as, equivalent to) and the ablative noun superstite (survivor) serves as the predicate of the infinitive esse within the accusative and infinitive (AcI) construction, meaning 'to be regarded as already living'.
  3. §50.16.231.prnusi natus — An elliptical expression where the perfect participle natus (born) is accompanied by the conjunction nisi (unless), effectively functioning as a conditional clause meaning 'unless he is actually born' (nisi natus fuerit).

Cite this passage

Justinian I, The Digest of Justinian §50.16.231.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.16.231.pr

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