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Justinian I · The Digest of Justinian §10.2.46.pr

Devolution of Dowry and Marriage to a Conditional Heir Husband

Passage 1684 of 9271 · Latin

Summary

The text explains that when a husband is instituted as a conditional heir, the continuation of marriage and the rights and duties regarding the dowry are transferred to him immediately upon his father's death, even before the condition is fulfilled.

[PAULUS libro septimo ad Sabinum. ] §10.2.46.prSi maritus sub condicione a patre heres institutus sit, interim uxoris de dote actionem pendere.
[PAULUS, from the seventh book on Sabinus.]\n\nIf a husband has been instituted as heir by his father under a condition, in the meantime the wife's action concerning her dowry is suspended.
plane si post mortem soceri diuortium factum sit, quamuis pendente condicione institutionis dicendum est praeceptioni dotis locum esse, quia mortuo patre quaedam filios sequuntur etiam antequam fiant heredes, ut matrimonium, ut liberi, ut tutela.
Clearly, if a divorce has taken place after the death of the father-in-law, although the condition of the institution is still pending, it must be said that there is room for the pre-taking of the dowry, because upon the death of the father, certain things follow the sons even before they become heirs, such as marriage, children, and guardianship.
igitur et dotem praecipere debet qui onus matrimonii post mortem patris sustinuit: et ita Scaeuolae quoque nostro uisum est.
Therefore, he who has sustained the burden of marriage after the death of the father ought also to pre-take the dowry; and so it also seemed to our Scaevola.

Notes

  1. §10.2.46.prpendere — Since this is in the context of citing or introducing the opinion of Sabinus or others, it forms an accusative with infinitive (A.C.I.) construction expressing indirect speech, with the main governing verb (such as 'it is said' or 'he holds') being omitted.
  2. §10.2.46.prsoceri — Refers to the 'father-in-law' from the wife's perspective, who is identical to the husband's father (pater) mentioned in the preceding sentence, representing the head of the household (paterfamilias) who had authority over the husband.
  3. §10.2.46.prpraeceptioni — Dative. Refers to the 'pre-taking' (praeceptio) in the division of an inheritance, where a specific heir (here the husband, or the wife claiming upon divorce) receives a particular property (the dowry) prior to the general distribution among co-heirs.

Cite this passage

Justinian I, The Digest of Justinian §10.2.46.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:10.2.46.pr

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