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Justinian I · The Digest of Justinian §11.7.27.pr-11.7.27.2

Division of Funeral Expenses and Husband's Liability

Passage 1831 of 9271 · Latin

Summary

Discusses the proportional division of funeral expenses between the husband and the heir, the exemption of the husband's liability if the dowry was returned, and the limitation of the husband's liability according to his financial capacity.

[ULPIANUS libro uicensimo quinto ad edictum. ] §11.7.27.prsic pro rata et maritum et heredem conferre in funus oportet.
[ULPIANUS, On the Edict, book 25] Thus, according to their respective shares, both the husband and the heir must contribute to the funeral.
§11.7.27.1Maritus funeraria non conuenietur, si mulieri in matrimonio dotem soluerit, ut Marcellus scribit: quae sententia uera est: in his tamen casibus, in quibus hoc ei facere legibus permissum est.
The husband will not be sued by the action for funeral expenses if he has returned the dowry to the woman during the marriage, as Marcellus writes; which opinion is correct, yet only in those cases in which he is permitted by law to do this.
§11.7.27.2Praeterea maritum puto funeraria in id demum teneri quod facere potest: id enim lucrari uidetur quod praestaret mulieri si conueniretur.
Furthermore, I think that the husband is liable for funeral expenses only to the extent of what he is able to pay; for he is deemed to profit by whatever he would have had to perform to the woman, if he had been sued.

Notes

  1. §11.7.27.1funeraria — This is the feminine ablative singular of the adjective funerarius, with actione understood. It refers to the action for funeral expenses (actio funeraria).
  2. §11.7.27.2in id demum teneri quod facere potest — Meaning 'to be held liable only to the extent of what he can do.' Here, facere refers to the financial capacity to pay, keeping in mind the 'benefit of competence' (beneficium competentiae), which limits liability to the debtor's means.

Cite this passage

Justinian I, The Digest of Justinian §11.7.27.pr-11.7.27.2. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:11.7.27.pr-11.7.27.2

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