7 Again, it is forbidden for a man to marry his wife's mother or his
father's wife, because to him they are in the position of a mother,
though in this case too our statement applies only after the
relationship has finally terminated; otherwise, if a woman is still your
stepmother, that is, is married to your father, the common rule of law
prevents her from marrying you, because a woman cannot have two husbands
at the same time: and if she is still your wife's mother, that is, if
her daughter is still married to you, you cannot marry her because you
cannot have two wives at the same time.
8 But a son of the husband by another wife, and a daughter of the wife
by another husband, and vice versa, can lawfully intermarry, even though
they have a brother or sister born of the second marriage.
9 If a woman who has been divorced from you has a daughter by a second
husband, she is not your stepdaughter, but Iulian is of opinion that you
ought not to marry her, on the ground that though your son's betrothed
is not your daughterinlaw, nor your father's betrothed you stepmother,
yet it is more decent and more in accordance with what is right to
abstain from intermarrying with them.
10 It is certain that the rules relating to the prohibited degrees of
marriage apply to slaves: supposing, for instance, that a father and
daughter, or a brother and sister, acquired freedom by manumission.
11 There are also other persons who for various reasons are forbidden to
intermarry, a list of whom we have permitted to be inserted in the books
of the Digest or Pandects collected from the older law.
12 Alliances which infringe the rules here stated do not confer the
status of husband and wife, nor is there in such case either wedlock or
marriage or dowry. Consequently children born of such a connexion
are not in their father's power, but as regards the latter are in
the position of children born of promiscuous intercourse, who, their
paternity being uncertain, are deemed to have no father at all, and
who are called bastards, either from the Greek word denoting illicit
intercourse, or because they are fatherless. Consequently, on the
dissolution of such a connexion there can be no claim for return of
dowry. Persons who contract prohibited marriages are subjected to
penalties set forth in our sacred constitutions.
13 Sometimes it happens that children who are not born in their father's
power are subsequently brought under it. Such for instance is the case
of a natural son made subject to his father's power by being inscribed a
member of the curia; and so too is that of a child of a free woman with
whom his father cohabited, though he could have lawfully married her,
who is subjected to the power of his father by the subsequent execution
of a dowry deed according to the terms of our constitution: and the same
boon is in effect bestowed by that enactment on children subsequently
born of the same marriage.
TITLE XI. OF ADOPTIONS
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account