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Justinian I · The Digest of Justinian §35.1.68.pr

Condition of Marriage for an Already Married Legatee

Passage 5399 of 9271 · Latin

Summary

This section determines that in a legacy bequeathed on the condition "when she marries," if the legatee is already married and the testator knows this, a subsequent (second) marriage is required to satisfy the condition.

[IAUOLENUS libro secundo ex Cassio. ] §35.1.68.prSi ita legatum esset 'cum nubserit', si nupta fuerit et hoc testator scisset, alterum matrimonium erit exspectandum nihilque intererit, utrum uiuo testatore an post mortem ea iterum nubserit.
[IAUOLENUS in the second book on Cassius.] If a legacy should be bequeathed in this way, "when she marries," and she was already married and the testator knew this, another marriage must be waited for, and it will make no difference whether she marries again during the lifetime of the testator or after his death.

Notes

  1. 35.1.68.prsi nupta fuerit — In this clause, nupta functions as an adjective meaning "married" (or the perfect passive participle of nubere used statively). Thus, this conditional clause means "if she was already married" (at the time of the testament). Translating it as "if she should marry" would conflict with the subsequent context which states that "if the testator knew this, another marriage must be waited for."
  2. 35.1.68.pruiuo testatore — An ablative absolute construction consisting of the noun testatore and the adjective uiuo without a preposition, expressing the temporal/circumstantial background "while the testator is alive" or "during the lifetime of the testator."

Cite this passage

Justinian I, The Digest of Justinian §35.1.68.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:35.1.68.pr

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