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Justinian I · The Digest of Justinian §23.2.63.pr

Unlawful Marriage of Provincial Officers, Bequests, and Dowry

Passage 3369 of 9271 · Latin

Summary

This section discusses the invalidity of a marriage contracted by a provincial military officer contrary to local prohibitions, and the resulting legal status of testamentary bequests and the restitution of the dowry.

[IDEM libro primo definitionum. ] §23.2.63.prPraefectus cohortis uel equitum aut tribunus contra interdictum eius prouinciae duxit uxorem, in qua officium gerebat: matrimonium non erit: quae species pupillae comparanda est, cum ratio potentatus nuptias prohibuerit.
[THE SAME, in the First Book of Definitions.] If a prefect of a cohort or of cavalry, or a tribune, marries a wife contrary to the interdict of the province in which he was performing his duties, there will be no marriage; this case is to be compared to that of a female ward, since the influence of authority prohibited the marriage.
sed an huic quoque si uirgo nupsit, non sit auferendum quod testamento relictum est, deliberari potest: exemplo tamen pupillae nuptae tutori, quod relictum est potest mulier consequi.
But whether, if a virgin has married him also, what was left to her by will should not be taken away, can be a matter of deliberation; nevertheless, following the example of a female ward married to her tutor, the woman can obtain what was left.
pecuniam tamen in dotem datam mulieris heredi restitui necesse est.
However, the money given as a dowry must be restored to the heir of the woman.

Notes

  1. §23.2.63.prquae species — The relative pronoun `quae` is used adjectivally with the noun `species` to refer to the entire preceding case of a provincial officer marrying contrary to the prohibition, translating as "this case" or "this kind of situation."
  2. §23.2.63.pran huic quoque si uirgo nupsit, non sit auferendum quod testamento relictum est, deliberari potest — The main clause `deliberari potest` (can be deliberated) governs an indirect question introduced by `an ... non sit auferendum` (whether ... should not be taken away). `huic` is a dative governed by `nupsit` (married this man [the officer]), and `quod testamento relictum est` (what was left by will) is the subject of the gerundive construction `sit auferendum`.

Cite this passage

Justinian I, The Digest of Justinian §23.2.63.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:23.2.63.pr

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