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Justinian I · The Digest of Justinian §23.2.25.pr

Marriage of an Emancipated Son and His Heir

Passage 3331 of 9271 · Latin

Summary

It rules that an emancipated son can marry without his father's consent, and a son born of that marriage will be his heir.

[IDEM libro secundo regularum. ] §23.2.25.prFilius emancipatus etiam sine consensu patris uxorem ducere potest et susceptus filius ei heres erit.
[THE SAME in the second book of Rules.] An emancipated son can marry even without the consent of his father, and a son begotten will be his heir.

Notes

  1. §23.2.25.prsusceptus — The perfect passive participle of suscipere (to lift up a newborn child, to acknowledge as one's own), referring here to a child born and acknowledged within a lawful marriage.
  2. §23.2.25.prei — The dative pronoun ei refers back to the subject of the clause, filius emancipatus (the emancipated son), rather than the immediately preceding patris (the father). Thus, the born son will be the heir to the emancipated son.

Cite this passage

Justinian I, The Digest of Justinian §23.2.25.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:23.2.25.pr

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