Humanitext Reader

Justinian I · The Digest of Justinian §7.8.6.pr

Scope of Persons Who May Live with a Woman Holding Use

Passage 1319 of 9271 · Latin

Summary

It specifies the range of family members and freedmen with whom a woman holding the right of use can reside, indicating that the legal interpretation should extend to the same scope as that allowed for men.

[ULPIANUS libro septimo decimo ad Sabinum. ] §7.8.6.prNon solum autem cum marito, sed et cum liberis libertisque habitare et cum parentibus poterit: et ita et Aristo notat apud Sabinum.
[ULPIANUS, in the seventeenth book on Sabinus.] However, she will be able to dwell not only with her husband, but also with her children and freedmen, and with her parents; and Aristo also notes this in Sabinus.
et huc usque erit procedendum, ut eosdem quos masculi recipere et mulieres possint.
And we must go so far as to say that women also can receive the very same persons whom men can receive.

Notes

  1. §7.8.6.prpoterit — Third-person singular future. The subject is not explicitly stated, but in this context, it refers to a woman (mulier) who has the right of use (usus) of a house.
  2. §7.8.6.prhuc usque erit procedendum — An impersonal passive periphrastic construction using the gerundive (neuter singular) of the intransitive verb procedere (to advance). It literally means "it must be advanced up to this point," indicating that the scope of legal interpretation should be extended to this limit.
  3. §7.8.6.preosdem quos masculi — A correlative expression. After quos, the verb phrase recipere possunt is understood from the context. It means "the same persons whom men can receive."

Cite this passage

Justinian I, The Digest of Justinian §7.8.6.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:7.8.6.pr

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