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Justinian I · The Digest of Justinian §11.7.30.pr-11.7.30.1

Father's Recovery and Cost Sharing for Emancipated Daughter

Passage 1834 of 9271 · Latin

Summary

This passage outlines how a father can recover funeral expenses from the husband and details the proportional contribution to funeral expenses when an emancipated daughter dies during marriage.

[POMPONIUS libro quinto decimo ad Sabinum. ] §11.7.30.prContra quoque quod pater in funus filiae inpendit aut alio agente secum funeraticia praestitit, ipse actione de dote a marito recipit.
[POMPONIUS, On Sabinus, book 15] Conversely, also, whatever the father has expended on his daughter's funeral, or has paid as funeral expenses when another person brought an action against him, he himself recovers from the husband by the action on dowry.
§11.7.30.1Sed si emancipata in matrimonio decedat, collaturos heredes bonorumue possessores et patrem pro portione dotis quam recipit et uirum pro portione dotis quam lucratus est.
But if an emancipated daughter dies during marriage, her heirs or the possessors of her goods, and the father in proportion to the share of the dowry which he receives, and the husband in proportion to the share of the dowry by which he profits, are to contribute.

Notes

  1. 11.7.30.prquod pater in funus filiae inpendit... praestitit — The noun clause introduced by the relative pronoun 'quod' functions as the direct object of the main verb 'recipit'. 'alio agente secum' is an ablative absolute meaning 'another person bringing an action against him (the father)', where 'secum' refers to the subject of the main clause.
  2. 11.7.30.1collaturos heredes bonorumue possessores et patrem... et uirum — 'collaturos' is the future active infinitive 'collaturos esse' with 'esse' omitted, representing an accusative with infinitive construction that states the jurist's opinion. The three accusative subjects 'heredes bonorumue possessores' (heirs or possessors of goods), 'patrem' (the father), and 'uirum' (the husband) are coordinated as the subjects of this infinitive.

Cite this passage

Justinian I, The Digest of Justinian §11.7.30.pr-11.7.30.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:11.7.30.pr-11.7.30.1

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