# Institutes of Gaius 1.1.101-105

Roman Law and Society, Institutes of Gaius, 1.1.101 to 1.1.105. Latin.

Canonical: https://interlinea.aeterna-institute.org/library/latin/roman-law-and-society/institutes-of-gaius/1.1.101

(69) Likewise, if a Latin woman should marry a foreigner believing him to be a Latin in accordance with the Lex Ælia, Sentia , on the birth of a son she can, under the Decree of the Senate, prove the cause of her error, and then all the parties will become Roman citizens, and the son will pass under the control of his father. (70) The same rule has been established where a Latin man marries a woman who is a foreigner under the impression that she is either a Latin or a Roman citizen, with a view to taking advantage of the Lex Ælia Sentia . (71) Moreover, a Roman citizen who thinks that he is a Latin, and for this reason marries a Latin woman, will be permitted to prove the cause of his error in case of the birth of a son, just as if he had married his wife under the provisions of the Lex Ælia Sentia . Likewise, those who being Roman citizens think that they are foreigners and marry foreign women, are permitted by the Decree of the Senate, on the birth of a son, to prove the cause of their error; and this having been done, the wife becomes a Roman citizen, and the son not only obtains to Roman citizenship but also is brought under the authority of his father. (72) Whatever we have said with reference to a son is also understood to apply to a daughter. (73) And, so far as proving the cause of the error is concerned, as nothing with reference to this was provided by the Decree of the Senate, it makes no difference how old the son or daughter may be unless he or she should be a Latin; because it was also declared by the Lex Ælia Sentia that in this case if the son or daughter is less than a year old the cause cannot be proved. It has not escaped my observation that it was stated in a rescript of the Divine Hadrian, with reference to the proof of the cause of the error, that the child must be a year old, but the right did not seem to be of general application, as the Emperor issued the rescript under peculiar circumstances.

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Roman Law and Society, Institutes of Gaius. Text: The Latin Library (thelatinlibrary.com), used with permission. Changes: HTML markup removed and the text divided into reading sections by Interlinea.
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