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The Institutes of Justinian by Unknown
page 20 of 272 (07%)
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 daughter-in-law, 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 connex-
ion there can be no claim for return of dowry. Persons who
contract prohibited marriages are subjected to penalties set
forth in our sacred constitutions.

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