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Justinian I · The Digest of Justinian §23.2.3.pr

Marriage of Grandchildren Under the Same Paterfamilias

Passage 3309 of 9271 · Latin

Summary

Paulus supports Pomponius' opinion that a marriage between a grandson and a granddaughter by different sons, both under the power of the same paterfamilias, can be contracted with the consent of that paterfamilias alone.

[IDEM libro primo ad Sabinum. ] §23.2.3.prSi nepotem ex filio et neptem ex altero filio in potestate habeam, nuptias inter eos me solo auctore contrahi posse Pomponius scribit et uerum est.
[THE SAME in the first book on Sabinus.]\n\nIf I should have in my power a grandson by one son and a granddaughter by another son, Pomponius writes that a marriage can be contracted between them with me alone as the authorizer, and this is true.

Notes

  1. 23.2.3.prme solo auctore — An ablative absolute construction consisting of a pronoun and a noun with an adjective, meaning 'with me alone as the authorizer' or 'solely on my authority.'
  2. 23.2.3.prhabeam — The present subjunctive in the conditional clause (with 'si') presenting a hypothetical scenario ('if I should have') for the sake of legal analysis.

Cite this passage

Justinian I, The Digest of Justinian §23.2.3.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:23.2.3.pr

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