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Justinian I · The Digest of Justinian §24.1.2.pr

Reasons for the Ban: Child-Rearing and Preventing Mercenary Marriage

Passage 3511 of 9271 · Latin

Summary

Explains that the prohibition of donations between spouses is to preserve their dedication to raising children, and introduces the additional reason by Sextus Caecilius that allowing such donations would make marriages vulnerable to dissolution or turn them into mercenary transactions.

[PAULUS libro septimo ad Sabinum. ] §24.1.2.prne cesset eis studium liberos potius educendi.
[PAULUS libro septimo ad Sabinum.]...lest their zeal for rearing children rather should cease.
Sextus Caecilius et illam causam adiciebat, quia saepe futurum esset, ut discuterentur matrimonia, si non donaret is qui posset, atque ea ratione euenturum, ut uenalicia essent matrimonia.
Sextus Caecilius also added this reason, namely, that it would often happen that marriages would be dissolved if the one who was able did not make a donation, and by that means it would turn out that marriages would become mercenary.

Notes

  1. §24.1.2.prne cesset — Present subjunctive expressing negative purpose, which serves as a continuation and supplement to the purposes of prohibiting spousal donations (ne... spoliarentur) mentioned in the preceding chunk from Ulpianus.
  2. §24.1.2.prliberos potius educendi — The genitive gerund educendi takes the direct object liberos, functioning as a modifier of the noun studium (zeal/dedication).
  3. §24.1.2.prfuturum esset — Subjunctive imperfect in indirect speech introduced by the conjunction quia. Used impersonally with the following ut-clauses (discuterentur / essent) to express a future consequence ("that it would happen that...").

Cite this passage

Justinian I, The Digest of Justinian §24.1.2.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:24.1.2.pr

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