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Justinian I · The Digest of Justinian §30.1.128.pr

Capacity of Tutor and Ward to Take under Will after Unlawful Marriage

Passage 4726 of 9271 · Latin

Summary

It is ruled that if a tutor unlawfully marries his female ward, the ward retains her capacity to take under his will, whereas the tutor loses his capacity as he is the culpable party.

[MARCIANUS libro secundo institutionum. ] §30.1.128.prSi tutor pupillam suam contra senatus consultum uxorem duxit, illa quidem ex testamento eius capere potest, ipse autem non potest, et merito: delinquunt enim hi, qui prohibitas nuptias contrahunt et merito puniendi sunt: quod imputari non potest mulieri, quae a tutore decepta est.
[MARCIANUS, Institutes, Book II] If a tutor, contrary to a decree of the senate, has married his female ward, she indeed can take under his will, but he himself cannot, and deservedly so; for those who contract a prohibited marriage commit an offense and deservedly ought to be punished, which cannot be imputed to the woman who was deceived by her tutor.

Notes

  1. §30.1.128.prcapere — A technical legal usage meaning to "take" or "acquire" property (an inheritance or legacy) under a will.
  2. §30.1.128.prquod — Neuter singular relative pronoun referring back to the preceding action (contracting a prohibited marriage / committing the offense), serving as the subject of `non potest` with the passive infinitive `imputari`.

Cite this passage

Justinian I, The Digest of Justinian §30.1.128.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:30.1.128.pr

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