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Justinian I · The Digest of Justinian §11.7.28.pr

Funeral Expenses of a Wife in Absence of a Dowry

Passage 1832 of 9271 · Latin

Summary

This text discusses who must bear the funeral expenses in the absence of a dowry, stating that if the heirs and the father are unavailable or insolvent, the husband must be sued to the extent of his means to prevent his former wife from being left unburied.

[POMPONIUS libro quinto decimo ad Sabinum. ] §11.7.28.prQuod si nulla dos esset, tunc omnem inpensam patrem praestare debere Atilicinus ait aut heredes eius mulieris, puta emancipatae.
[POMPONIUS, On Sabinus, book 15] But if there should be no dowry, then Atilicinus says that the father, or the heirs of the woman—for instance, if she has been emancipated—ought to pay the entire expense.
quod si neque heredes habeat neque pater soluendo sit, maritum in quantum facere potest pro hoc conueniri, ne iniuria eius uideretur quondam uxorem eius insepultam relinqui.
But if she has no heirs and the father is not solvent, the husband should be sued for this to the extent of his ability, lest it should seem a dishonor to him that his former wife is left unburied.

Notes

  1. §11.7.28.prsoluendo sit — soluendo is the dative of the gerundive, expressing capability or fitness (solvency). The phrase pater soluendo sit means "the father is solvent".
  2. §11.7.28.prmaritum... conueniri — The passive infinitive conueniri continues the indirect speech introduced by Atilicinus ait in the preceding sentence, or implies an ellipsis of a verb of obligation like debere.
  3. §11.7.28.priniuria eius — The genitive eius refers to the husband (maritus). It can be interpreted either as a subject genitive ("his misconduct/injustice") or an objective genitive ("an insult/dishonor to him"); in either case, it represents a situation of reproach for the husband.

Cite this passage

Justinian I, The Digest of Justinian §11.7.28.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:11.7.28.pr

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