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Justinian I · The Digest of Justinian §23.2.36.pr

Prohibition and Exceptions of Marriage to a Ward

Passage 3342 of 9271 · Latin

Summary

A provision prohibiting a tutor or curator from marrying an adult female ward, with the exception of cases where she was betrothed, intended, or designated in a will by her father, and this was followed by marriage.

[PAULUS libro quinto quaestionum. ] §23.2.36.prTutor uel curator adultam uxorem ducere non potest, nisi a patre desponsa destinataue testamentoue nominata condicione nuptiis secuta fuerit.
[PAULUS, in the fifth book of Questions.] A tutor or curator cannot marry an adult female ward, unless she has been betrothed or intended for him by her father, or designated in his will, and the condition has been followed by the marriage.

Notes

  1. §23.2.36.pradultam — Here, "adultam" does not simply mean "an adult woman," but refers to a female ward (pupilla, etc.) under tutelage or curatorship who has reached the marriageable age (puberty, i.e., 12 years or older).
  2. §23.2.36.prcondicione nuptiis secuta fuerit — "condicio" (feminine singular nominative) is the subject, and "secuta fuerit" (future perfect 3rd person singular of the deponent verb "sequor") is the predicate. "nuptiis" is a dative (or ablative of means). It means "the condition (or agreement) has been followed by (or fulfilled by) the marriage."

Cite this passage

Justinian I, The Digest of Justinian §23.2.36.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:23.2.36.pr

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