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Justinian I · The Digest of Justinian §23.2.52.pr

Denial of Dowry and Confiscation in Incestuous Marriages

Passage 3358 of 9271 · Latin

Summary

This section explains that an incestuous marriage cannot have a dowry, and consequently, everything received from it must be confiscated, even if claimed under the title of fruits.

[PAULUS libro sexto ad Sabinum. ] §23.2.52.prIncestae nuptiae neque dotem habent et ideo omne quod perceptum est licet fructuum nomine auferetur.
[PAULUS, in his sixth book on Sabinus.] An incestuous marriage has no dowry, and therefore everything which has been received, even under the name of fruits, is taken away.

Notes

  1. §23.2.52.prlicet fructuum nomine — The conjunction licet ("although", "even if") introduces the noun phrase fructuum nomine with an implied verb (such as sit), forming a concessive clause.
  2. §23.2.52.prauferetur — Manuscripts present variants including the future passive auferetur ("will be taken away"), the present passive subjunctive auferatur ("should be taken away"), or the present passive indicative aufertur ("is taken away"). Under any reading, the legal effect remains the same: the illicit gains are confiscated.

Cite this passage

Justinian I, The Digest of Justinian §23.2.52.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:23.2.52.pr

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