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Justinian I · The Digest of Justinian §24.1.35.pr

Invalidity of Unlawful Divorce and Subsequent Gifts

Passage 3547 of 9271 · Latin

Summary

It is explained that if a divorce does not comply with legal formalities, the marriage is not considered dissolved, and consequently, any donations made after such a divorce remain invalid.

[IDEM libro trigesimo quarto ad edictum. ] §24.1.35.prSi non secundum legitimam obseruationem diuortium factum sit, donationes post tale diuortium factae nullius momenti sunt, cum non uideatur solutum matrimonium.
[THE SAME in his thirty-fourth book on the Edict.] If a divorce has not been made in accordance with legal requirements, donations made after such a divorce are of no effect, since the marriage does not seem to have been dissolved.

Notes

  1. §24.1.35.prlegitimam obseruationem — Meaning "lawful observation" or "legal requirement." It refers to the formal requirements prescribed by Roman law (such as the presence of witnesses under the lex Iulia) for a divorce to be legally recognized.
  2. §24.1.35.prnullius momenti sunt — A predicate construction with the genitive of quality/value nullius momenti, meaning "of no moment/importance," which in a legal context translates to being entirely void or of no effect.
  3. §24.1.35.prcum non uideatur solutum matrimonium — A causal cum clause with the subjunctive uideatur. The phrase matrimonium solutum [esse] serves as the subject and predicate nominative with the passive verb uideatur ("since the marriage does not seem to have been dissolved").

Cite this passage

Justinian I, The Digest of Justinian §24.1.35.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:24.1.35.pr

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