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The Digest of Justinian

§3.2.10.pr-3.2.10.1

Imperial Dispensation for Remarriage and Betrothal in Mourning

Paulus states that a dispensation may be obtained from the emperor allowing a woman to marry within the mourning period, and that being betrothed during this time does not cause any legal detriment.

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[IDEM libro octauo ad edictum.]

[THE SAME, in his Eighth Book on the Edict.]

§3.2.10.pr

​Solet a principe impetrari, ut intra legitimum tempus mulieri nubere liceat.1

​It is customary to obtain from the emperor a dispensation allowing a woman to marry within the legal period of mourning.

§3.2.10.1

​Quae uirum eluget,2 intra id tempus sponsam fuisse non nocet.

​For a woman who must mourn her husband, it is not detrimental to have been betrothed within that period.

Syntax notes2 items
  1. 3.2.10.primpetrari, ut ... liceat

    The ut clause ("that it be allowed...") functions as the logical subject of the passive infinitive impetrari ("to be obtained"), which depends on the verb solet used impersonally.

  2. 3.2.10.1Quae uirum eluget

    eluget is the present indicative, third person singular, of elugeo (to mourn, to complete the mourning). It forms a relative clause with the relative pronoun Quae (nominative feminine singular) as subject: "a woman who is mourning her husband" (manuscripts P and V read elugit).

Translated by Gemini 3.5 Flash (published 2026-07-12) · Revision history (1, latest 2026-10-12)
  • 2026-10-12 AI review — source 1
urn:cts:latinLit:phi2806.phi002.humanitext-lat1:3.2.10.pr-3.2.10.1