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Justinian I · The Digest of Justinian §23.2.7.pr

Virgin Wife Holding Dowry and the Action for Its Return

Passage 3313 of 9271 · Latin

Summary

Based on the previous case, Paulus points out that a woman (a virgin) whose marriage was contracted but who lost her husband before cohabitation can possess both the dowry and the right of action to claim it.

[PAULUS libro singulari ad legem Falcidiam. ] §23.2.7.prIdeoque potest fieri, ut in hoc casu aliqua uirgo et dotem et de dote habeat actionem.
[PAULUS in his single book on the Lex Falcidia.] Therefore, it can happen that in this case a certain virgin has both her dowry and an action for her dowry.

Notes

  1. §23.2.7.prpotest fieri, ut — An impersonal construction where "potest fieri" (it can happen) introduces a noun clause with "ut" containing the subjunctive present "habeat", serving as the subject. It states the legal consequence arising from the previous case.
  2. §23.2.7.pruirgo — Here, "uirgo" (virgin) refers to a wife whose marriage is legally contracted by consent, but who has not yet physically cohabited with her husband due to his death before reaching home.

Cite this passage

Justinian I, The Digest of Justinian §23.2.7.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:23.2.7.pr

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