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Justinian I · The Digest of Justinian §36.2.30.pr

Condition of Marriage and Vesting before Puberty

Passage 5671 of 9271 · Latin

Summary

Presents Labeo's view that a legacy bequeathed to a female ward on the condition of marriage does not become due if she marries before reaching puberty, until she actually reaches marriageable age.

[LABEO libro tertio posteriorum a IAUOLENO epitomatorum. ] §36.2.30.prQuod pupillae legatum est 'quandoque nupserit', si ea minor quam uiripotens nupserit, non ante ei legatum debebitur, quam uiripotens esse coeperit, quia non potest uideri nupta, quae uirum pati non potest.
[LABEO, third book of Posthumous Works epitomized by JAVOLENUS.] That which has been bequeathed to a female ward under the condition "whenever she shall have married," if she marries while younger than marriageable age, the legacy will not be due to her before she begins to be of marriageable age, because she who cannot endure a husband cannot be deemed to be married.

Notes

  1. 36.2.30.prQuod pupillae legatum est — The relative clause led by the neuter relative pronoun `quod` ('that which') functions as a nominal clause serving as the subject of the main verb `debebitur`.
  2. 36.2.30.pruiripotens — A compound adjective of `uir` (husband) and `potens` (capable), meaning 'capable of receiving a husband' or 'having reached marriageable age.' Here, it functions as the standard of comparison following `quam` after the comparative `minor`.
  3. 36.2.30.prnon ante ... quam — A correlative construction `non ante ... quam` ('not before... / only when...'). It specifies that the obligation of the legacy (`debebitur`) does not arise until she actually begins to be of marriageable age (`uiripotens esse coeperit`).

Cite this passage

Justinian I, The Digest of Justinian §36.2.30.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:36.2.30.pr

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