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Justinian I · The Digest of Justinian §23.2.28.pr

Prohibition of Marriage with an Unwilling Freedwoman

Passage 3334 of 9271 · Latin

Summary

This section states the rule that a patron cannot marry a freedwoman against her will.

[MARCIANUS libro decimo institutionum. ] §23.2.28.prInuitam libertam uxorem ducere patronus non potest:
[MARCIANUS in the tenth book of his Institutes.] A patron cannot take an unwilling freedwoman as his wife:

Notes

  1. §23.2.28.prInuitam libertam — The adjective inuitam is used predicatively with the noun libertam, indicating a state of being unwilling. This emphasizes the necessity of consent in marriage, meaning that a patron cannot force marriage upon a freedwoman without her agreement.

Cite this passage

Justinian I, The Digest of Justinian §23.2.28.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:23.2.28.pr

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