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Justinian I · The Digest of Justinian §23.2.9.pr-23.2.9.1

Consent to Marriage When Ascendants Are Insane or Captured

Passage 3315 of 9271 · Latin

Summary

Ulpian discusses the rules regarding the consent required for a grandson's marriage when his father or grandfather is insane, as well as the three-year waiting period for marriage if the father is captured by enemies.

[ULPIANUS libro uicesimo sexto ad Sabinum. ] §23.2.9.prSi nepos uxorem uelit ducere auo furente, omnimodo patris auctoritas erit necessaria: sed si pater furit, auus sapiat, sufficit aui uoluntas.
[ULPIANUS in the twenty-sixth book on Sabinus.] If a grandson wishes to marry when his grandfather is insane, the authority of his father will be necessary in every way; but if his father is insane and his grandfather is sane, the consent of the grandfather is sufficient.
§23.2.9.1Is cuius pater ab hostibus captus est, si non intra triennium reuertatur, uxorem ducere potest.
He whose father has been captured by enemies can marry, if the father does not return within three years.

Notes

  1. §23.2.9.prauo furente — An ablative absolute construction consisting of the ablative of the noun "auus" (grandfather) and the ablative of the present participle "furens" (insane, raging), expressing time or condition ("when/if the grandfather is insane").
  2. §23.2.9.prauus sapiat — The present subjunctive third-person singular of "sapere" (to be sane, wise). It functions as a continuation of the conditional clause introduced by "si", or expresses a hypothesis ("and [if] the grandfather is sane").
  3. §23.2.9.1Is cuius pater ... si non intra triennium reuertatur, uxorem ducere potest — A structure where the subject "Is" (he) of the main clause is accompanied by the relative clause "cuius pater..." and the conditional clause "si...", leading to the main verb phrase "uxorem ducere potest" (can marry). "reuertatur" is the present subjunctive third-person singular of the deponent verb "reuertor".

Cite this passage

Justinian I, The Digest of Justinian §23.2.9.pr-23.2.9.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:23.2.9.pr-23.2.9.1

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