ex causa potestatis

ex causa potestatis (eks kaw-z[schwa] poh-tes-tay-tis).Roman law. Because of his position of authority. • Certain men could not marry women who were subject to their guardianship or control, and the reason was said to be ex causa potestatis.

“Certain impediments to marriage in the civil law were described as being ex causa potestatis. Thus a tutor or curator could not marry his female ward until his office had terminated, or unless his accounts had been passed. A person administering a government or public office in a province, and the members of his family, were not permitted to intermarry with a person domiciled in his province, unless they had been betrothed to each other before he had accepted the office.” Alexander Wood Renton & George Grenville Phillimore, The Comparative Law of Marriage and Divorce 6 (1910).


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