Justinian I · The Digest of Justinian §11.7.29.pr-11.7.29.1

Funeral Expenses for Remarried Wife and Dependent Daughter

Passage 1833 of 9271 · Latin

Summary

It states that a former husband is not liable for funeral expenses if his divorced wife dies after remarriage, even if he profits from her dowry. It also regulates the claims of a person who buried a dependent daughter against her husband and her father.

[GAIUS libro nono decimo ad edictum prouinciale. ] §11.7.29.prSi mulier post diuortium alii nupta decesserit, non putat Fulcinius priorem maritum, licet lucri dotem faciat, funeris impensam praestare.

[GAIUS, On the Provincial Edict, book 19] If a woman dies after a divorce, having married another man, Fulcinius does not think that the former husband, even though he may profit by the dowry, is liable for the funeral expenses.

§11.7.29.1Is qui filiam familias funerauit antequam dos patri reddatur, cum marito recte agit: reddita dote patrem obligatum habet.

Anyone who buried a daughter under paternal power before the dowry is returned to the father properly sues the husband; once the dowry has been returned, he holds the father bound.

utique autem, si cum marito actum fuerit, is eo minus patri mulieris restituturus est.

In any case, however, if action has been brought against the husband, he is to restore so much less to the woman's father.

Notes

11.7.29.prlicet lucri dotem faciat — The conjunction licet introducing a concession ('although', 'even though') takes the subjunctive present faciat. The phrase lucri facere is an idiomatic expression meaning 'to make a profit of' or 'to benefit from', where lucri is genitive of value or description.
11.7.29.1patrem obligatum habet — This construction of habere with the perfect passive participle (obligatum) emphasizes the continuation of the state resulting from the action ('holds the father bound' or 'has the father in a state of liability'), prefiguring the periphrastic perfect in Romance languages.
11.7.29.1si cum marito actum fuerit — An impersonal passive construction of the idiom agere cum aliquo ('to bring an action against someone'). Thus, 'if an action has been brought against the husband'. fuerit can be interpreted as either future perfect indicative or perfect subjunctive.

Cite this passage

Justinian I, The Digest of Justinian §11.7.29.pr-11.7.29.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:11.7.29.pr-11.7.29.1

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