Pretium pudicitiae y donación nupcial

Abstract

According to an ancient Roman tradition, the wife was given a present the day after her wedding night, followed by the verification of her virginity. This custom, called pretium pudicitiae, is mentioned in some sources analyzed in this article. However, in some legal texts, that expression designates the institution known as donatio ante nuptias, which emerged in the postclassic era and enacted by Christian emperors, mainly Constantine. This article intends to show the relationship between pretium pudicitiae and nuptial donation, suggesting a plausible explanation for this complex problem. Among other causes, the Oriental origin of the donatio ante nuptias could have given rise to a hodgepodge of vernacular terminology and juridical terminology, to the extent that those juridical sources have been traditionally construed by the Roman law as donation-related sources because of matrimony.