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Justinian I · The Digest of Justinian §34.9.13.pr

Invalid Marriage of Adulterers and Treasury Forfeiture

Passage 5318 of 9271 · Latin

Summary

A consultation from Claudius Seleucus to Papinianus regarding the validity of marriage and inheritance between a man convicted of adultery and his unconvicted partner. Papinianus replies that the marriage is invalid, and any inherited property is confiscated by the treasury due to unworthiness.

[IDEM libro trigesimo secundo quaestionum. ] §34.9.13.prClaudius Seleucus Papiniano suo salutem.
[THE SAME, in the thirty-second book of Questions.] Claudius Seleucus to his dear Papinianus, greeting.
Maeuius in adulterio Semproniae damnatus eandem Semproniam non damnatam duxit uxorem: qui moriens heredem eam reliquit: quaero, an iustum matrimonium fuerit et an mulier ad hereditatem admittatur.
Maevius, having been convicted of adultery with Sempronia, married the same Sempronia, who had not been convicted. Dying, he left her as his heir. I ask whether this was a lawful marriage, and whether the woman is admitted to the inheritance.
respondi neque tale matrimonium stare neque hereditatis lucrum ad mulierem pertinere, sed quod relictum est ad fiscum peruenire.
I replied that neither does such a marriage stand, nor does the benefit of the inheritance belong to the woman, but that which was left goes to the fiscus.
sed et si talis mulier uirum heredem instituerit, et ab eo quasi ab indigno hereditatem auferri dicimus.
But also, if such a woman should institute her husband as heir, we say that the inheritance is taken away from him as well, as from an unworthy person.

Notes

  1. §34.9.13.prsalutem — An epistolary greeting formula where the verb dicit (or a similar expression) is omitted.
  2. §34.9.13.prqui moriens — The relative pronoun qui refers to the antecedent Maevius, functioning as a relative connection (equivalent to et is). moriens is a present participle agreeing with the subject.
  3. §34.9.13.prrespondi — This verb is followed by three accusative with infinitive (AcI) clauses in parallel as its objects: neque... stare, neque... pertinere, and sed... peruenire.

Cite this passage

Justinian I, The Digest of Justinian §34.9.13.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:34.9.13.pr

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