Paulus, On the Edict, Book XXXV. When a person is adopted as grandson just as if he were born to a son, the consent of the son is required; and this opinion Julianus also rendered.

Paulus, On the Edict, Book XXXV. When anyone is given in adoption he becomes cognate to all those to whom he becomes agnate, and does not become cognate to those to whom he does not become agnate, for adoption does not impart the right of blood but the right of agnation; and therefore if I adopt a son my wife does not occupy the place of a mother to him, nor is she related to him by agnation, because she is not his cognate. Again, my mother does not occupy the place of grandmother to him, since he does not become connected by agnation with those who are outside of my own family; but he whom I have adopted becomes the brother of my daughter, since my daughter is a member of my family, and marriage between them is prohibited.

Paulus, On the Edict, Book XXXV. In case of a betrothal, it makes no difference whether witnesses are present, or whether the party makes a verbal promise. 1In betrothals, the acquiescence of those persons who must consent to the marriage is required. Julianus says that the father is always understood to consent, unless it is clear that he refuses to do so.

Paulus, On the Edict, Book XXXV. Marriage cannot take place unless all the parties consent, that is to say those who are united, as well as those under whose authority they are.

Paulus, On the Edict, Book XXXV. It is doubtful what course to pursue where the father is absent, and it is not known where he is, or even whether he is still alive. If three years should elapse from the time when the father’s whereabouts or whether he was living began to be unknown, his children of both sexes will not be prevented from legally contracting marriage.

Paulus, On the Edict, Book XXXV. Where an adopted son is emancipated, he cannot marry the widow of his adoptive father, because she occupies the position of a stepmother. 1The same rule applies where anyone adopts a son, for he cannot marry his widow, as she occupies the position of a daughter-in-law even after the emancipation of his son. 2Servile relationships must also be taken into consideration under this head; hence a slave who is manumitted cannot marry his mother, and the same rule applies to the case of a sister and her daughter. On the other hand, it must be said that a father cannot marry his daughter, if both of them have been manumitted, even though it is doubtful whether the alleged father is her parent. Wherefore, a natural father cannot legally marry his daughter born out of wedlock, since, in contracting marriage, natural law and modesty must be considered, for it is contrary to modesty for a man to marry his own daughter. 3The same rule that is applicable to servile blood-relationship must also be observed in cases of servile affinity; as, for example, I cannot marry a woman with whom my father lived in concubinage, for she occupies, to some extent, the position of a stepmother; and, on the other hand, a father cannot marry a woman who lived in concubinage with his son, because she occupies, as it were, the position of a daughter-in-law. Neither can anyone marry the mother of a woman with whom he lived in slavery, since she is, so to speak, his mother-in-law; and as servile cognation is recognized, why should not affinity be governed by the same rule? Where any doubt exists, it is always better and more decent to avoid marriages of this kind. 4Now let us see what is the meaning of the terms stepmother, stepdaughter, mother-in-law, and daughter-in-law, in order that we may ascertain whom it is illegal to marry. Certain authorities understand a stepmother to be the wife of the father, a daughter-in-law the wife of the son, and a stepdaughter the child of the wife by a former husband. So far, however, as the present subject is concerned, it is more correct to hold that a man cannot marry the wife of his grandfather, or his great-grandmother, therefore there are two, or even several, stepmothers whom he cannot marry. This is not to be wondered at, for an adopted son cannot marry the widow of his natural, or adoptive father. Where his father has had several wives, he cannot marry any of them. Therefore the term “mother-in-law” not only applies to the mother of my wife, but also to her grandmother, and great-grandmother, and I cannot marry either of them. The term “daughter-in-law” is not only applicable to the wife of a son, but also to the wife of a grandson, and great-grandson, although certain authorities designate these as grand-daughters-in-law. A stepdaughter is understood to be not only the daughter of my wife, but also to refer to her granddaughter and great-granddaughter; and I can marry none of them. Augustus decided that I cannot marry a woman whose mother has been betrothed to me, for she has occupied the position of my mother-in-law.

Paulus, On the Edict, Book XXXV. It is provided by a Rescript of the Divine Marcus that, if the daughter of a Senator should marry a freedman, the marriage will be void; and this was followed by a Decree of the Senate to the same effect. 1A son should consent to the marriage of the grandson, but where the granddaughter is to be married, the consent and authority of the grandfather will be sufficient. 2Insanity prevents the contraction of marriage, because consent is necessary; but it does not annul it after it has been legally contracted.

Paulus, On the Edict, Book XXXV. Where a dowry is promised, all the parties are liable, no matter to what sex or condition they may belong. 1Where the marriage does not take place, suit cannot be brought on the stipulation, for the acts, rather than the words of the parties, should be considered. 2A dowry is also constituted by the release of a creditor, when the husband, who is a debtor, is discharged for the purpose of constituting a dowry. 3Ad Dig. 23,3,41,3Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. II, § 500, Note 9.Where a dowry is promised, under a condition, by a debtor of the woman, and afterwards, before the husband can demand the dowry, the debtor ceases to be solvent, it is settled that the loss must be borne by the wife, for the husband is not held to have accepted the claim at a time when he could not collect it. If, however, the debtor was insolvent at the time that he made the promise under a condition, the loss must be sustained by the husband; because he is held to have knowingly accepted the claim as it was at the time when the obligation was incurred. 4Where a debtor promises a dowry to a woman, and afterwards makes her his heir; Labeo holds that the circumstances are the same as if the woman herself had promised the dowry. Julianus also approves this opinion; for he says it would not be just for a judgment to be rendered against him on account of money which she herself owes, and it is sufficient that she should be released from liability.

Paulus, On the Edict, Book III. Where a father gave a dowry, and agreed that if his daughter died during marriage, the dowry should remain in the hands of her husband; I think that the agreement must be observed, even if no children had been born. 1Among the agreements which are usually entered into before and after marriage, some are voluntary, as, for instance, where it is stated that the woman shall support herself with the promised dowry; and, as long as the marriage continues, the dowry cannot be demanded of her by her husband; or she can furnish him a certain sum for his support; or some other provisions similar to these may be made. There are other agreements which relate to the law, for example, those which prescribe the way in which a dowry shall be returned when it is claimed; and, in cases of this kind, the will of the contracting parties is not always observed. If, however, it should be agreed that the dowry, under no circumstances, can be claimed, the woman will remain unendowed. 2Where a woman agrees that no more than half of the dowry can be demanded of her, and she stipulates for a penalty; Mela says that she should be content with one or the other of two things; either with an exception based upon the agreement with a release of the obligation of a penalty, or if she proceeds under the stipulation, she should be denied the right to. an exception. 3Where a tract of land which has been appraised is given by way of dowry, and the woman agrees that if it brings any more when sold, the surplus shall become part of her dowry; Mela says that such an agreement must be carried out, just as, on the other hand, she can agree to be liable for the deficiency in case the land should sell for less. 4If a wife should agree that whether a tract of land given by way of dowry sells for either more or less than the appraisement, the price that it brings shall constitute her dowry, this agreement must be executed; but if the property should sell for less, through the fault of the husband, the wife can recover the deficiency from him.

Paulus, On the Edict, Book XXXV. With reference to the time when the dowry should be returned, the law permits an agreement to be made fixing the day when this may be done, provided that the condition of the woman is not rendered any worse thereby:

Paulus, On the Edict, Book XXXV. An agreement cannot be made for the dowry to be returned at a later date than that established by law; any more than it can be agreed that it shall not be returned at all.

Paulus, On the Edict, Book XXXV. An agreement made on account of property given or appropriated by the wife, or expenses incurred, will be valid; that is to say after a divorce has taken place. 1Where a stranger is about to give a dowry out of his own property, he can stipulate for and agree to anything that he chooses even without the knowledge of the woman; for he is imposing conditions upon what belongs to him, but after he has given the dowry, he can only enter into an agreement concerning it with the consent of the woman. 2If it should be agreed that the dowry cannot be demanded either from the wife or from the father, the heir of either of them will not be entitled to an exception. If, however, the agreement was that it should not be claimed during the marriage, in the lifetime of the father, it can be claimed immediately after his death; and if the husband should not claim it, he will be liable on the ground of negligence if the dowry could be exacted; unless the marriage was dissolved before he had the power to demand it.

Paulus, On the Edict, Book XXXV. Marriage is dissolved by divorce, death, captivity, or by any other kind of servitude which may happen to be imposed upon either of the parties.

Paulus, On the Edict, Book XXXV. It is not a true or actual divorce unless the purpose is to establish a perpetual separation. Therefore, whatever is done or said in the heat of anger is not valid, unless the determination becomes apparent by the parties persevering in their intention, and hence where repudiation takes place in the heat of anger and the wife returns in a short time, she is not held to have been divorced.

Paulus, On the Edict, Book XXXV. The following difference exists between divorce and repudiation: repudiation may take place even before marriage; but a woman who is betrothed cannot properly be said to be divorced, since divorce is so called because the parties who separate are free to go their different ways.

Ad Dig. 50,17,48Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. I, § 71, Note 5.Paulus, On the Edict, Book XXXV. Anything which is done or said in the heat of anger is not considered of any effect, unless the perseverance of the party in question discloses the condition of his or her mind. Therefore, when a wife returns after a short time, she is not considered to have been divorced.