Full citation – Référence complète:
Toševa, D. “Rewriting aspects of widowhood in Justinian’s novels”. Živa Antika / Antiquité Vivante 75.1-2 (2025), pp. 139–152.

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Abstract. – Although remarriage was never legally forbidden by the Christian emperors, it wasn’t encouraged. Justinian I (r. 527–565) follows a similar stance on this issue as his Christian predecessors by readdressing the topic of remarriage in several of his Novels, seeking to transform recurring problems related to remarriage into coherent and updated legislation. These problems largely stem from the inadequacy of the agnatic system, a relic of the past, whose supporting legal provisions had become ineffective, particularly in matters of remarriage.
This paper examines the fate of a specific category of property: the dowry and prenuptial gift (the so called matrimonial gains) in case the surviving spouse remarries. Justinian’s primary concern in such situations is the protection of children’s rights and the promotion of equality in spousal and gender relations, particularly regarding property. At the same time, he seeks to safeguard the interests of the remarried partner by granting a lifetime usufruct over this type of property. These reforms are designed to lead his subjects toward σωφροσύνη (‘temperance’) by correcting the deficiencies of earlier legislation.
Key words. – Remarriage, widowhood, univira, Justinian’s Novels, cognatic kinship, marriage law, dowry, prenuptial gift