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Justinian I · The Digest of Justinian §23.1.11.pr

Consent of the Parties and the Daughter in Betrothal

Passage 3299 of 9271 · Latin

Summary

It explains that betrothal, like marriage, is contracted by the consent of the parties, and that a daughter under paternal power must consent to her betrothal.

[IULIANUS libro sexto decimo digestorum. ] §23.1.11.prSponsalia sicut nuptiae consensu contrahentium fiunt: et ideo sicut nuptiis, ita sponsalibus filiam familias consentire oportet:
[JULIANUS, in the sixteenth book of the Digests.] Betrothal, like marriage, is contracted by the consent of those who contract it; and therefore, just as in the case of marriage, so too in betrothal, it is necessary for a daughter of the family to consent.

Notes

  1. §23.1.11.prfiliam familias — familias is an archaic genitive singular of familia. filiam familias is in the accusative case, serving as the subject of the infinitive consentire in the accusative and infinitive construction governed by the impersonal verb oportet, meaning 'a daughter under paternal power'.
  2. §23.1.11.prnuptiis ... sponsalibus — Both are in the dative case. Since the verb consentire governs the dative to mean 'to consent to something,' the structure is 'just as [she consents] to marriage, so [she must consent] to betrothal.'

Cite this passage

Justinian I, The Digest of Justinian §23.1.11.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:23.1.11.pr

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