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Justinian I · The Digest of Justinian §24.1.62.pr-24.1.62.1

Invalidity of Gifts upon Mutual Divorce and to Freedwomen

Passage 3574 of 9271 · Latin

Summary

After stating that marriage is dissolved by mutual consent under the aforementioned circumstances, the text regulates the validity of donations between husband and wife, as well as between a patron and a freedwoman, upon divorce (which remain invalid).

[HERMOGENIANUS libro secundo iuris epitomarum. ] §24.1.62.pret ideo bona gratia matrimonium dissoluitur.
[HERMOGENIANUS, in the second book of the Epitome of Law.] And therefore, the marriage is dissolved by mutual consent.
§24.1.62.1Diuortio facto nec instaurato matrimonio non confirmabitur inter uirum et uxorem facta donatio: nec inter patronum et libertam, si ab eo inuito diuertere non licet, facta donatio separatur, cum inter hos diuortium intercedat.
When a divorce has taken place and the marriage has not been restored, a donation made between husband and wife will not be confirmed; nor, between a patron and his freedwoman, if she is not permitted to divorce him against his will, is a donation made excepted, even though a divorce occurs between them.
perinde enim id quod donatum est habetur diuortio intercedente ac si donatum non fuisset.
For that which was donated is held, when a divorce intervenes, just as if it had not been donated.

Notes

  1. §24.1.62.prbona gratia — "By mutual consent" or "with good grace." Legally, it refers to a divorce by mutual agreement without any blameworthy cause on either side.
  2. §24.1.62.1si ab eo inuito diuertere non licet — Contains the ablative absolute eo inuito (he being unwilling), meaning "if she is not permitted to divorce him against his will." This refers to the legal restriction on a freedwoman's ability to divorce her patron.
  3. §24.1.62.1separatur — "Is separated" or "excepted." In this context, it means to be excepted or set apart from the general prohibition of donations between husband and wife, i.e., to become valid.

Cite this passage

Justinian I, The Digest of Justinian §24.1.62.pr-24.1.62.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:24.1.62.pr-24.1.62.1

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