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Justinian I · The Digest of Justinian §11.7.17.pr

Husband's Liability and Deduction for Funerals

Passage 1821 of 9271 · Latin

Summary

Explains that if the father has not yet recovered the dowry, only the husband will be sued, and he will deduct the funeral expenses he paid from the dowry to be returned to the father.

[PAPINIANUS libro tertio responsorum. ] §11.7.17.prSed si nondum pater dotem reciperauerit, uir solus conuenietur reputaturus patri, quod eo nomine praestiterit:
But if the father has not yet recovered the dowry, the husband alone will be sued, who is to deduct against the father what he has paid under that name:

Notes

  1. §11.7.17.prreputaturus — This is a future active participle agreeing with the subject of the main clause, uir. It expresses destination, intention, or an imminent consequence: the husband will deduct (from the dowry to be restored to the father) what he has paid for the funeral.
  2. §11.7.17.prquod eo nomine praestiterit — quod is a relative pronoun with an omitted antecedent, meaning "that which" (id quod). praestiterit is in the subjunctive perfect (or future perfect) due to the subordinate nature of the clause within the future-oriented main context. eo nomine (under that name) refers to the payment of funeral expenses.

Cite this passage

Justinian I, The Digest of Justinian §11.7.17.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:11.7.17.pr

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