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Justinian I · The Digest of Justinian §12.6.9.pr

Irrecoverability of Dowry Returned by an Insolvent Husband

Passage 1984 of 9271 · Latin

Summary

It explains that even if a husband returns the dowry when he has no financial capability to do so, he is not allowed to recover the payment.

[ULPIANUS libro sexagensimo sexto ad edictum. ] §12.6.9.prNam et maritus, si, cum facere nihil possit, dotem soluerit, in ea causa est ut repetere non possit.
[ULPIANUS, On the Edict, book 66.] For even a husband, if, although he can pay nothing, he has paid the dowry, is in such a position that he cannot recover it.

Notes

  1. §12.6.9.prfacere nihil possit — The verb facere here refers to making payment within the limit of one's means (the beneficium competentiae). Thus, facere nihil possit means 'he can pay nothing' or 'he is entirely without means'.
  2. §12.6.9.prin ea causa est ut — A construction where the noun causa, accompanied by the demonstrative ea, is followed by an ut clause with the subjunctive (possit) expressing result or circumstance, meaning 'is in such a position that' or 'is in a state where'.

Cite this passage

Justinian I, The Digest of Justinian §12.6.9.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:12.6.9.pr

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