Legal Definitions - quem nuptiae demonstrant

Term: Quem nuptiae demonstrant
Definition: In Roman and Scots law, this phrase means "whom the marriage indicates." It refers to the assumption that a husband is the father of a child born to his wife. This assumption can be challenged, but it is the starting point for determining paternity.
Example: If a married woman gives birth to a child, her husband is assumed to be the father. This is because the marriage indicates that they have had sexual relations and could have conceived a child. However, if the husband can prove that he was not physically able to father the child, or if the wife admits to having an affair, the assumption can be challenged.