Humanitext Reader

Justinian I · The Digest of Justinian §24.1.65.pr

Validity of Gifts to a Wife Married Under Legal Age

Passage 3577 of 9271 · Latin

Summary

Labeo's view on the validity of a donation made by a husband to a wife who married before reaching marriageable age.

[LABEO libro sexto posteriorum a Iauoleno epitomatorum. ] §24.1.65.prQuod uir ei, quae nondum uiripotens nupserit, donauerit, ratum futurum existimo.
[LABEO, in the sixth book of his Posthumous Works epitomized by Iavolenus.] I think that what a husband has given to a woman who married before she was of marriageable age will be valid.

Notes

  1. §24.1.65.prQuod uir ei ... donauerit, ratum futurum existimo — The entire relative clause introduced by the relative pronoun `quod` (neuter singular) functions as the subject accusative of the infinitive phrase `ratum futurum [esse]`, which is the object of the main verb `existimo`. It refers to 'what the husband has given.' While donations between husband and wife during marriage are generally prohibited, this addresses the validity of a donation made in a nominal marriage before the wife reaches marriageable age.
  2. §24.1.65.pruiripotens — The adjective `uiripotens` ('capable of receiving a man', 'of marriageable age') functions as a predicate nominative with the subject of the relative clause `quae`, modified by `nondum` ('not yet'). In Roman law, a marriage contracted by a girl before marriageable age only becomes a legally valid marriage (iustae nuptiae) when she reaches that age (twelve years), making the validity of prior donations a point of contention.

Cite this passage

Justinian I, The Digest of Justinian §24.1.65.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:24.1.65.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.