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Justinian I · The Digest of Justinian §16.3.27.pr

Void Dowry to a Slave and Action on Peculium for Deposit

Passage 2432 of 9271 · Latin

Summary

Lucius Titius married his daughter to another's slave and paid a dowry under the guise of a deposit; after both the father and the slave died, Seia, as the heir, sought to recover the money. Paulus advised that since the dowry was legally void, she must claim the money through an action on the peculium based on deposit.

[IDEM libro septimo responsorum. ] §16.3.27.prLucius Titius cum haberet filiam in potestate Seiam, Pamphilo seruo alieno in matrimonium collocauit, cui etiam dotem dedit, quam sub titulo depositi in cautionem contulit, et postea nulla denuntiatione a domino facta pater decessit, mox et Pamphilus seruus: quaero, qua actione Seia pecuniam petere possit, cum ipsa patri heres extiterit.
[THE SAME, Opinions, Book 7] Lucius Titius, having his daughter Seia under his power, married her to Pamphilus, a slave belonging to another, and also gave him a dowry, which he entered in a security under the title of deposit; and afterwards, without any notification having been made by the owner, the father died, and soon after also the slave Pamphilus. I ask by what action Seia can claim the money, since she has become her father's heir.
Paulus respondit, quoniam dos constitui non potuit, ex causa depositi actione de peculio pecuniam repetendam.
Paulus answered that since a dowry could not be established, the money must be reclaimed on the ground of deposit by an action concerning the peculium.

Notes

  1. §16.3.27.prnulla denuntiatione a domino facta — An ablative absolute construction consisting of the noun 'nulla denuntiatione' and the participle 'facta'. It describes the circumstance that no notification or objection was made by the slave's owner, implying tacit consent to the deposit transaction.
  2. §16.3.27.prpecuniam repetendam — A gerundive construction with the elision of 'esse', functioning as an accusative with infinitive clause subordinate to the main verb 'respondit'. It expresses necessity or obligation ('the money must be reclaimed') within indirect speech.

Cite this passage

Justinian I, The Digest of Justinian §16.3.27.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:16.3.27.pr

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