Humanitext Reader

Justinian I · The Digest of Justinian §35.1.15.pr

Marriage by Consent and Fulfillment of Conditions

Passage 5346 of 9271 · Latin

Summary

Ulpian's view on the requirements for the establishment of a marriage. In a legacy conditional upon marrying into a family, the condition is deemed fulfilled as soon as the wife is led to the house, because marriage is established by consent, not by cohabitation.

[ULPIANUS libro trigesimo quinto ad Sabinum. ] §35.1.15.prCui fuerit sub hac condicione legatum 'si in familia nubsisset', uidetur impleta condicio statim atque ducta est uxor, quamuis nondum in cubiculum mariti uenerit.
[ULPIANUS in the thirty-fifth book on Sabinus.] For one to whom a legacy has been left under this condition, 'if she should marry into the family', the condition is deemed to be fulfilled as soon as she has been led as a wife, even though she has not yet entered her husband's bedchamber.
nuptias enim non concubitus, sed consensus facit.
For it is not cohabitation, but consent, that makes a marriage.

Notes

  1. §35.1.15.prCui fuerit ... legatum — The relative pronoun cui (dative) implies its omitted antecedent ei ("to/for the person"), indicating the person for whom the condition is deemed to be fulfilled in the main clause uidetur... . The verb legatum fuerit is the passive perfect (or future perfect) of legare (to bequeath).
  2. §35.1.15.prnuptias enim non concubitus, sed consensus facit — The word order is inverted. nuptias (feminine plural accusative) is the object of the verb facit, while consensus (masculine singular nominative) and concubitus (masculine singular nominative) are the subjects. This is a highly celebrated maxim of Roman law.

Cite this passage

Justinian I, The Digest of Justinian §35.1.15.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:35.1.15.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.