Humanitext Reader

Justinian I · The Digest of Justinian §12.4.10.pr

Recovery of Debt Released upon Failure of Marriage

Passage 1960 of 9271 · Latin

Summary

It explains that if a woman releases a debt owed to her by her betrothed in anticipation of marriage, but the marriage does not take place, she can recover the money through a condictio just as if she had made an actual payment.

[IAUOLENUS libro primo ex Plautio. ] §12.4.10.prSi mulier ei cui nuptura erat cum dotem dare uellet, pecuniam quae sibi debebatur acceptam fecit neque nuptiae insecutae sunt, recte ab eo pecunia condicetur, quia nihil interest, utrum ex numeratione pecunia ad eum sine causa an per acceptilationem peruenerit.
[JAVOLENUS, First Book on Plautius.] If a woman, wishing to give a dowry to the man whom she was about to marry, released a debt that was owed to her, and the marriage did not follow, the money will be rightly recovered from him by a condictio; for it makes no difference whether the money came to him without cause from an actual payment, or through a release of debt.

Notes

  1. §12.4.10.pracceptam fecit — The phrase `acceptam facere` refers to the formal release of a debt (acceptilatio) under Roman law. Here, it indicates that the woman extinguished an existing claim she held against her betrothed, thereby intending to constitute a dowry.
  2. §12.4.10.prnihil interest, utrum... an... — An indirect question clause introduced by the impersonal verb `interest` with `utrum... an...`. It demonstrates that acquiring a benefit through actual payment (`numeratio`) and acquiring a benefit through a formal release of debt (`acceptilatio`) are legally equivalent regarding the availability of a `condictio` when the marriage fails to take place.

Cite this passage

Justinian I, The Digest of Justinian §12.4.10.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:12.4.10.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.