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Justinian I · The Digest of Justinian §23.2.15.pr

Prohibition of Marriage with a Stepchild's Former Spouse

Passage 3321 of 9271 · Latin

Summary

This section states the prohibition of marriage between a stepfather and his stepson's former wife, as well as between a stepdaughter's husband and his stepmother.

[PAPINIANUS libro quarto responsorum. ] §23.2.15.prUxorem quondam priuigni coniungi matrimonio uitrici non oportet nec in matrimonium conuenire nouercam eius qui priuignae maritus fuit.
[PAPINIANUS in the fourth book of Opinions.] It is not proper for the former wife of a stepson to be joined in marriage with his stepfather, nor for the stepmother of him who was the husband of a stepdaughter to enter into marriage with him.

Notes

  1. §23.2.15.prnon oportet — The impersonal verb `non oportet` governs two accusative-with-infinitive clauses in parallel as its logical subjects: first, `uxorem... coniungi...`, and second, after the negative conjunction `nec` (where `oportet` is understood), `nouercam... conuenire...`.
  2. §23.2.15.preius qui priuignae maritus fuit — The relative clause `qui priuignae maritus fuit` modifies the genitive pronoun `eius` (possessive genitive qualifying `nouercam`, literally "the stepmother of him"). Thus, the phrase means "the stepmother of him who was the husband of the stepdaughter." The implied partner with whom she is forbidden to enter into marriage (`in matrimonium conuenire`) is this same person ("him").

Cite this passage

Justinian I, The Digest of Justinian §23.2.15.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:23.2.15.pr

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