Gaius, On the Provincial Edict, Book XI. It is perfectly evident that insanity is an impediment to betrothal, but if it occurs afterwards, it will not annul it.

Gaius, On the Provincial Edict, Book XI. Where the relationship of brother and sister has been acquired by adoption, it will be an impediment to their marriage while the adoption lasts; therefore I can marry a girl whom my father adopted and afterwards emancipated. We can also be united in matrimony if I have been emancipated, and my father has retained her under his control. 1Hence, a man wishing to adopt his son-in-law was advised to emancipate his daughter; and, in like manner, one who wishes to adopt his daughter-in-law is advised to emancipate his son. 2We also forbid anyone to marry his paternal or maternal aunt, or his paternal or maternal great-aunt; although the former are related to him in the fourth degree. We also forbid a man to marry his paternal aunt and great-aunt even though they are connected with us by adoption.

Gaius, On the Provincial Edict, Book XI. Marriage cannot take place between parties who stand in the relationship of parents and children, or in the next degree, or in any more distant degrees, ad infinitum.

Gaius, On the Provincial Edict, Book XI. It is also considered abominable to marry an adopted daughter, or granddaughter, and this rule of law is of such force that it still remains applicable even where the adoption has been dissolved by emancipation. 1I cannot marry the mother of my adoptive father, nor his maternal aunt, nor his granddaughter the issue of his son, as long as I remain in the family. After I have been emancipated, however, there is no doubt that nothing will prevent me from marrying any one of them, because I shall not be considered as related to them after emancipation.

Ad Dig. 23,3,42Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. II, § 500, Note 1.Gaius, On the Provincial Edict, Book XI. Where property which can be weighed, counted, or measured, is given by way of dowry, this is done at the risk of the husband, because it is given to enable him to sell it at his pleasure; and when the marriage is dissolved, he must return articles of the same kind and quality, or his heir must do so.

Gaius, On the Provincial Edict, Book XI. That is to say, it may be returned sooner.

Gaius, On the Provincial Edict, Book XI. The Lex Julia, which has reference to land given by way of dowry, and provides that a husband cannot encumber or alienate it, ought to be more broadly interpreted, so as to apply as well to a betrothed person as to a husband.

Gaius, On the Provincial Edict, Book XI. Whatever is retained by reason of a donation which is not permitted by law, is understood to be retained without any reason, or unjustly; in either of which instances a right of action for recovery will ordinarily arise.

Gaius, On the Provincial Edict, Book XI. If, before the slave is manumitted, the marriage should be dissolved by death or divorce, the donation will be annulled; for it is held to be a condition of such a donation that the slave should be manumitted during the marriage.

Gaius, On the Provincial Edict, Book XI. For the reason that the event of the donation extends to a time when the parties cease to be husband and wife.

Gaius, On the Provincial Edict, Book XI. Still, the husband will be entitled to an equitable action.

Gaius, On the Provincial Edict, Book XI. Another reason for a donation has been recently introduced through the indulgence of the Emperor Antoninus, which we say is done for the sake of honor; for example, where a wife makes a donation to her husband to enable him to seek admission into the Senatorial, or Equestrian Order, or for the purpose of exhibitions.

Gaius, On the Provincial Edict, Book XI. Or where marriage cannot conveniently exist on account of old age, illness, or military service,

Gaius, On the Provincial Edict, Book XI. The word divorce is derived either from diversity of opinion, or because those who dissolve their marriage go different ways. 1In cases of repudiation, that is to say, in renunciation of marriage, the following words are employed: “Retain your property” or “Retain the management of your property.” 2For the purpose of dissolving betrothals, it is certain that a renunciation must be made, in which case the following words are used, namely: “I will not accept your conditions.” 3It makes no difference whether the renunciation takes place in the presence or in the absence of the person under whose control one of the parties may be, or of him who is under said control.

Gaius, On the Provincial Edict, Book XI. If the wife should die after a divorce, and her heir should bring an action for the dowry against her husband, or his father, it is held that the same rules will apply with reference to the restoration of the dowry, as are ordinarily applicable where the woman herself institutes proceedings.

Gaius, On the Provincial Edict, Book XI. We acquire by means of our slaves in almost every way, even against our consent.