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Justinian I · The Digest of Justinian §15.3.8.pr

Payment of Dowry and Application to the Master's Account

Passage 2328 of 9271 · Latin

Summary

This section discusses whether the transaction is considered to have been turned to the master's account when a son under power gives a dowry for other relatives, or when a slave does so for his master's daughter.

[PAULUS libro trigensimo ad edictum. ] §15.3.8.prEt nihil interesse Pomponius ait, filiae suae nomine an sororis uel neptis ex altero filio natae dederit.
[PAULUS, on the edict, book 30] And Pomponius says that it makes no difference whether he gave it in the name of his own daughter, or of his sister, or of a granddaughter born of another son.
idem ergo dicemus et si seruus mutuatus fuerit et domini sui filiae nomine in dotem dederit.
Therefore, we shall say the same even if a slave has borrowed money and given it as a dowry in the name of his master's daughter.

Notes

  1. 15.3.8.prfiliae suae — The reflexive adjective suae refers to the logical subject of the indirect question (the filius familias mentioned in the preceding section), rather than the grammatical subject of the main clause, Pomponius.
  2. 15.3.8.prnihil interesse ... dederit — The clause of indirect question introduced by an (with the verb dederit) functions as the subject of the infinitive phrase nihil interesse, which comes from the impersonal verb interest.
  3. 15.3.8.pridem — An accusative neuter singular acting as the direct object of the main verb dicemus. It indicates that the same legal principle stated in the preceding section (§15.3.7.5)—that the action is considered to be turned to the master's account only if the actor had the intention of managing the master's business—will be applied to the slave's act as well.

Cite this passage

Justinian I, The Digest of Justinian §15.3.8.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:15.3.8.pr

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