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On the Legal Effects of Sponsalia

Mitchell, PP; (2016) On the Legal Effects of Sponsalia. Zeitschrift der Savigny-Stiftung für Rechtsgeschichte, Romanistische Abteilung , 133 (1) pp. 400-412. 10.7767/zrgra-2016-0112. Green open access

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This article challenges the traditional view that informal sponsalia (as described in D. 23,1) were legally unenforceable in classical Roman law. After a close examination of the contents and structure of D. 23,1 and related Digest texts, it offers a new interpretation of a crucial passage from Aulus Gellius (Noctes Atticae 4.4), which has traditionally been read as showing that Roman sponsalia were unenforceable. The article then concludes with a consideration of the literary evidence offered by Varro, Plautus and Ovid.

Type: Article
Title: On the Legal Effects of Sponsalia
Open access status: An open access version is available from UCL Discovery
DOI: 10.7767/zrgra-2016-0112
Publisher version: https://doi.org/10.7767/zrgra-2016-0112
Language: English
Additional information: © 2016 by Dr. Peter Rauch G.m.b.H./Wien. This version is the version of record. For information on re-use, please refer to the publisher’s terms and conditions.
Keywords: Betrothal; legal validity; Latin practice
UCL classification: UCL
UCL > Provost and Vice Provost Offices
UCL > Provost and Vice Provost Offices > UCL SLASH
UCL > Provost and Vice Provost Offices > UCL SLASH > Faculty of Laws
URI: https://discovery.ucl.ac.uk/id/eprint/1472093
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