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Justinian I · The Digest of Justinian §23.2.55.pr-23.2.55.1

Impediments to Marriage Arising from Adoption

Passage 3361 of 9271 · Latin

Summary

This text discusses the restrictions that adoption imposes on marriage, explaining how the rule persists even after adoption is dissolved by emancipation in certain cases, and specifying which maternal or descendant relatives of an adoptive father cannot be married while one remains in his family.

[GAIUS libro undecimo ad edictum prouinciale. ] §23.2.55.prQuin etiam nefas existimatur eam quoque uxorem ducere, quae per adoptionem filia neptisue esse coeperit, in tantum, ut et, si per emancipationem adoptio dissoluta sit, idem iuris maneat.
[SCAEVOLA, in his eleventh book on the Provincial Edict.] Nay, it is even considered impious to marry a woman who has become one's daughter or granddaughter through adoption, to such an extent that, even if the adoption has been dissolved by emancipation, the same rule of law remains.
§23.2.55.1Patris adoptiui mei matrem aut materteram aut neptem ex filio uxorem ducere non possum, scilicet si in familia eius sim: alioquin si emancipatus fuero ab eo, sine dubio nihil impedit nuptias, scilicet quia post emancipationem extraneu intellegor.
I cannot marry the mother, maternal aunt, or granddaughter by a son of my adoptive father, that is to say, if I am in his family; otherwise, if I have been emancipated by him, there is without doubt nothing that prevents the marriage, namely because after emancipation I am understood to be a stranger.

Notes

  1. §23.2.55.pridem iuris — Partitive genitive. The neuter pronoun idem is joined with the genitive iuris, meaning "the same rule of law" or "the same legal effect."
  2. §23.2.55.1neptem ex filio — Refers to a "granddaughter by a son," which means the daughter of the adoptive father's son, specified in contrast to a granddaughter by a daughter (neptis ex filia).
  3. §23.2.55.1scilicet si in familia eius sim — A conditional clause utilizing the present subjunctive sim, showing the temporary restriction of remaining in the adoptive father's family (familia), introduced by scilicet ("that is to say").

Cite this passage

Justinian I, The Digest of Justinian §23.2.55.pr-23.2.55.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:23.2.55.pr-23.2.55.1

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