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Justinian I · The Digest of Justinian §50.17.48.pr

Invalidity of Acts in Anger and Non-Divorce

Passage 9108 of 9271 · Latin

Summary

It states that words or deeds in anger are invalid unless confirmed by persistence, meaning a wife returning quickly is not deemed divorced.

[PAULUS libro trigensimo quinto ad edictum. ] §50.17.48.prQuidquid in calore iracundiae uel fit uel dicitur, non prius ratum est, quam si perseuerantia apparuit iudicium animi fuisse.
[PAULUS, in his thirty-fifth book on the Edict.] Whatever is either done or said in the heat of anger is not ratified, unless it has appeared by perseverance that it was a deliberate judgment of the mind.
ideoque breui reuersa uxor nec diuortisse uidetur.
And therefore, a wife who has returned in a short time is not deemed to have divorced.

Notes

  1. §50.17.48.prnon prius ratum est, quam si — The comparative adverb 'prius' correlated with 'quam' combined with the conditional conjunction 'si' forms the expression 'not earlier... than if', meaning 'not ratified unless' or 'only if...'.
  2. §50.17.48.priudicium animi fuisse — An accusative with infinitive (AcI) construction serving as the subject (or real subject) of the impersonally used verb 'apparuit' (it became clear). 'iudicium animi' denotes a settled judgment or deliberate intention of the mind.

Cite this passage

Justinian I, The Digest of Justinian §50.17.48.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.17.48.pr

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