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Justinian I · The Digest of Justinian §23.2.27.pr

Validity of Marriage between a Senator and a Freedwoman

Passage 3333 of 9271 · Latin

Summary

This section explains that if a man of the senatorial order marries a freedwoman, although the marriage is temporarily invalid, she remains in a pending status to automatically become his legal wife if he should lose his senatorial status.

[ULPIANUS libro tertio ad legem Iuliam et Papiam. ] §23.2.27.prSi quis in senatorio ordine agens libertinam habuerit uxorem, quamuis interim uxor non sit, attamen in ea condicione est, ut,si amiserit dignitatem, uxor esse incipiat.
[ULPIANUS in the third book on the Lex Julia et Papia.] If anyone belonging to the senatorial order should take a freedwoman as a wife, although in the meantime she is not his wife, nevertheless she is in such a condition that, if he should lose his rank, she begins to be his wife.

Notes

  1. §23.2.27.prin ea condicione est — The subject of the verb `est` is the `libertina` (freedwoman) mentioned in the preceding concessive clause. It indicates that she is placed in a conditional legal status where she will automatically become a lawful wife if the husband loses his senatorial rank.
  2. §23.2.27.prsi amiserit dignitatem — `amiserit` is in the future perfect tense (from amittere), and its implied subject is `quis` (the man of senatorial rank) from the initial conditional clause. `dignitas` refers to his senatorial status or privilege.

Cite this passage

Justinian I, The Digest of Justinian §23.2.27.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:23.2.27.pr

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