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Justinian I · The Digest of Justinian §23.2.33.pr

Conditions for Remarriage Considered the Same Union

Passage 3339 of 9271 · Latin

Summary

The author discusses the conditions under which a remarriage between the same partners is considered the continuation of the same marriage, focusing on the elapsed time, the absence of intervening marriages, and the non-return of the dowry.

[IDEM libro tertio ad legem Iuliam et Papiam. ] §23.2.33.prPlerique opinantur, cum eadem mulier ad eundem uirum reuertatur, id matrimonium idem esse: quibus adsentior, si non multo tempore interposito reconciliati fuerint nec inter moras aut illa alii nupserit aut hic aliam duxerit, maxime si nec dotem uir reddiderit.
[THE SAME AUTHOR, in the third book on the Lex Julia et Papia.] Most people think that, when the same woman returns to the same husband, that marriage is the same: with whom I agree, if they have been reconciled without much time having intervened, and during the delay neither she has married another nor he has taken another wife, especially if the husband has not returned the dowry either.

Notes

  1. §23.2.33.prquibus — A relative of connection (relative linking) referring back to the 'plerique' (most people) in the preceding clause. It is in the dative plural because the verb 'adsentior' (I agree) governs the dative case.
  2. §23.2.33.prnon multo tempore interposito — An ablative absolute construction consisting of the noun 'tempus' and the perfect passive participle of 'interponere'. Literally meaning 'not much time having been placed between,' it functions as an adverbial modifier of time/condition within the 'si' clause.
  3. §23.2.33.prnec ... aut ... aut ... — The negative conjunction 'nec' negates both of the following clauses connected by the disjunctive 'aut ... aut ...' (either ... or ...). Thus, it means 'neither has she married another nor has he taken another wife.'

Cite this passage

Justinian I, The Digest of Justinian §23.2.33.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:23.2.33.pr

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