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Justinian I · The Digest of Justinian §50.16.56.pr-50.16.56.1

Definitions of Examination, Auditing, and Children

Passage 8870 of 9271 · Latin

Summary

This passage defines the examination of documents and auditing of accounts, and clarifies that the legal term 'children' encompasses not only those under paternal power but also all independent persons of both sexes and maternal descendants.

[ULPIANUS libro sexagensimo secundo ad edictum. ] §50.16.56.prCognoscere instrumenta' est relegere et recognoscere: 'dispungere' est conferre accepta et data. '
[ULPIANUS on the Edict, book 62.] To 'examine documents' is to reread and re-examine them; to 'audit accounts' is to compare receipts and payments.
§50.16.56.1Liberorum' appellatione continentur non tantum qui sunt in potestate, sed omnes qui sui iuris sunt, siue uirilis siue feminini sexus sunt exue feminini sexus descendentes.
Under the term 'children' are included not only those who are under paternal power, but all who are independent, whether they are of the male or female sex, or descendants through the female sex.

Notes

  1. §50.16.56.praccepta et data — The perfect passive participles neuter plural of accipere and dare are used substantively. While literally meaning "things received and things given," in the financial and bookkeeping context, they refer to "receipts and expenditures" or "income and outgo."
  2. §50.16.56.1exue feminini sexus descendentes — The word "exue" in the manuscript tradition is likely a corruption of the conjunction "sive" (or "seu") or "sive ex". "Descendentes" is a present participle nominative plural meaning "descendants," modifying the antecedent of "qui" (liberi or omnes), indicating that descendants through the female line are also included in the definition of "children."

Cite this passage

Justinian I, The Digest of Justinian §50.16.56.pr-50.16.56.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.16.56.pr-50.16.56.1

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