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Justinian I · The Digest of Justinian §21.2.22.pr-21.2.22.1

Tutor's Payment and Eviction of Dotal Land

Passage 3103 of 9271 · Latin

Summary

This chunk addresses the accrual of the stipulation of eviction to the pupil when a tutor pays the litigation estimate from his own funds, and the woman's immediate right of action against sureties when a land given as a dowry is evicted.

[POMPONIUS libro primo ex Plautio. ] §21.2.22.prSi pro re pupilli quam emit litis aestimationem tutor non ex pecunia pupilli, sed ex suo praestiterit, stipulatio de euictione pupillo aduersus uenditorem committitur.
[POMPONIUS, Commentary on Plautius, Book One.] If a tutor, for a thing of his pupil which he bought, has paid the estimated value of the suit not from the money of the pupil but from his own, the stipulation concerning eviction against the seller is forfeited to the pupil.
§21.2.22.1Si pro euictione fundi quem emit mulier satis accepisset et eundem fundum in dotem dedisset, deinde aliquis eum a marito per iudicium abstulisset, potest mulier statim agere aduersus fideiussores emptionis nomine, quasi minorem dotem habere coepisset uel etiam nullam, si tantum maritus optulisset, quanti fundus esset.
If a woman had received security for the eviction of a land which she bought, and had given the same land as a dowry, and then someone had taken it away from her husband by a judicial decision, the woman can immediately bring an action against the sureties under the name of purchase, as if she had begun to have a smaller dowry, or even none at all, if the husband had offered as much as the land was worth.

Notes

  1. 21.2.22.prpupillo — pupillo is a dative of interest (dative of advantage), showing that even though the tutor is the contracting party, the benefit (right of action) arising from the stipulation of eviction directly accrues to the pupil.
  2. 21.2.22.1si tantum maritus optulisset, quanti fundus esset — A conditional clause in the pluperfect subjunctive embedded within the quasi-clause (quasi...coepisset). It refers to the scenario where the husband resolved the eviction suit by paying the estimated value instead of the land itself, providing the logical basis that even in this case, the woman suffers a disadvantage equivalent to the loss or reduction of her dowry, thereby justifying her immediate claim against the sureties.

Cite this passage

Justinian I, The Digest of Justinian §21.2.22.pr-21.2.22.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:21.2.22.pr-21.2.22.1

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