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Justinian I · The Digest of Justinian §12.4.8.pr

Recovery of Dowry in Marriage Under Lawful Age

Passage 1958 of 9271 · Latin

Summary

Neratius clarifies Servius's view regarding the recovery of a dowry paid in a marriage contracted before the parties have reached the lawful age. It is explained that as long as the state of marriage continues, even if incomplete, the dowry cannot be recovered, just like a dowry given during a betrothal.

[NERATIUS libro secundo membranarum. ] §12.4.8.prQuod Seruius in libro de dotibus scribit, si inter eas personas, quarum altera nondum iustam aetatem habeat, nuptiae factae sint, quod dotis nomine interim datum sit, repeti posse, sic intellegendum est, ut, si diuor-tium intercesserit, priusquam utraque persona iustam aetatem habeat, sit eius pecuniae repetitio, donec autem in eodem habitu matrimonii permanent, non magis id repeti possit, quam quod sponsa sponso dotis nomine dederit, donec maneat inter eos adfinitas: quod enim ex ea causa nondum coito matrimonio datur, cum sic detur tamquam in dotem peruenturum, quamdiu peruenire potest, repetitio eius non est.
[NERATIUS, Second Book of Membranes.] What Servius writes in his book on dowries, that if a marriage has been contracted between persons of whom one is not yet of lawful age, what has been given in the meantime under the name of dowry can be claimed back, must be understood in this way: that if a divorce takes place before both persons reach the lawful age, there is a recovery of that money; but as long as they remain in the same state of marriage, it can no more be claimed back than what a betrothed woman has given to her betrothed under the name of dowry as long as the affinity remains between them. For what is given on that account when the marriage has not yet been contracted, since it is given on the assumption that it will become a dowry, cannot be claimed back as long as it can still become so.

Notes

  1. §12.4.8.prQuod Seruius in libro de dotibus scribit — The introductory Quod is a relative pronoun introducing a topic clause ("As for what Servius writes..."), which connects to the main clause sic intellegendum est, ut... ("must be understood in this way: that..."). Within this, the accusative with infinitive construction quod dotis nomine interim datum sit, repeti posse functions as the object of scribit, creating a complex nested structure.
  2. §12.4.8.prnon magis id repeti possit, quam quod sponsa sponso — The comparative construction non magis A quam B ("no more A than B", meaning A is no more possible than B) compares the recovery of a dowry in an incomplete marriage (where one party is under age) (A) to that in a regular betrothal (B). It indicates that in both cases, as long as the relationship continues (donec ...), recovery is not permitted.
  3. §12.4.8.prnondum coito matrimonio — coito is the perfect passive participle of the verb coire (to come together, be contracted), forming an ablative absolute with matrimonio (marriage), meaning "the marriage not yet having been contracted."

Cite this passage

Justinian I, The Digest of Justinian §12.4.8.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:12.4.8.pr

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