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Justinian I · The Digest of Justinian §23.2.35.pr

Father's Consent for the Marriage of a Soldier Son

Passage 3341 of 9271 · Latin

Summary

It states the rule that even a son under paternal power who is a soldier cannot validly contract a marriage without his father's consent.

[IDEM libro sexto responsorum. ] §23.2.35.prFilius familias miles matrimonium sine patris uoluntate non contrahit.
[THE SAME, in the sixth book of Opinions.] A son under paternal power who is a soldier does not contract a marriage without his father's consent.

Notes

  1. §23.2.35.prFilius familias miles — "A son under paternal power who is a soldier." Although soldiers (milites) under paternal power (filii familias) enjoyed various legal privileges (such as the castrense peculium), they were not exempted from the requirement of paternal consent to contract a valid marriage, remaining subject to the same rule as ordinary filii familias.

Cite this passage

Justinian I, The Digest of Justinian §23.2.35.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:23.2.35.pr

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