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Justinian I · The Digest of Justinian §34.7.2.pr

Condition of a Daughter's Marriage and the Catonian Rule

Passage 5297 of 9271 · Latin

Summary

Paulus shows that a legacy conditioned on the marriage of a daughter who was under the age of puberty when the will was made is valid if she is married at the time of the testator's death, serving as another exception to the Catonian rule.

[PAULUS libro quarto ad Plautium. ] §34.7.2.prSed et si sic legauerit: 'si filia mea Titio nupta erit', sufficere uisum est, si mortis tempore nupta inueniatur, licet testamenti facti tempore fuerit impubes.
[PAULUS, from the Fourth Book on Plautius.] But also, if he has bequeathed as follows: 'if my daughter shall be married to Titius,' it has been held to be sufficient if she is found to be married at the time of his death, even though she was under the age of puberty at the time the will was made.

Notes

  1. §34.7.2.prlicet testamenti facti tempore fuerit impubes — The conjunction `licet` introduces a concessive clause ('although/even though') taking the subjunctive perfect `fuerit`. Since a female who is `impubes` (under the age of puberty) lacks the legal capacity to marry, the legacy would have been invalid if the testator had died immediately upon making the will. However, it is held valid if the condition is met at the actual time of death, constituting an exception to the Catonian rule.
  2. §34.7.2.prsufficere uisum est — An impersonal expression. `uisum est` is the perfect third-person singular neuter of `uideri` ('to be held', 'to seem'). The logical subject is the subsequent conditional clause `si mortis tempore nupta inueniatur` ('if she is found to be married at the time of death').

Cite this passage

Justinian I, The Digest of Justinian §34.7.2.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:34.7.2.pr

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