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Justinian I · The Digest of Justinian §23.1.15.pr

Prohibition of Marriage and Betrothal with a Female Ward

Passage 3303 of 9271 · Latin

Summary

It states that a tutor is prohibited from marrying his female ward himself or marrying her to his son, and that this rule concerning marriage also applies to betrothals.

[IDEM libro singulari de enucleatis casibus. ] §23.1.15.prTutor factam pupillam suam nec ipse uxorem ducere nec filio suo in matrimonio adiungere potest.
[BY THE SAME, in his single book On Solved Cases.] A tutor cannot himself take his female ward as a wife, nor join her to his son in marriage.
scias tamen, quod de nuptiis tractamus, et ad sponsalia pertinere.
You should know, however, that what we are discussing regarding marriage also applies to betrothals.

Notes

  1. §23.1.15.prtutor factam pupillam suam — factam is a perfect passive participle modifying pupillam suam, meaning "who has been made his female ward," signifying that the tutelage has been established.
  2. §23.1.15.prscias tamen, quod de nuptiis tractamus, et ad sponsalia pertinere — This is an accusative-with-infinitive construction depending on scias (jussive subjunctive), where the relative clause quod de nuptiis tractamus ("what we are discussing regarding marriage," with the antecedent id omitted) serves as the subject accusative of the infinitive pertinere. et is used adverbially to mean "also."

Cite this passage

Justinian I, The Digest of Justinian §23.1.15.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:23.1.15.pr

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