Humanitext Reader

Justinian I · The Digest of Justinian §23.3.13.pr

Plea of Fraud Against Dowry Action After Reconciliation

Passage 3387 of 9271 · Latin

Summary

The author discusses that if a divorced woman returns to her husband before bringing an action on a stipulation for her dowry, her action will be rendered ineffective by the defense of fraud as long as the marriage continues.

[MODESTINUS libro singulari de differentia dotis. ] §23.3.13.prSi mulier post diuortium, antequam ex stipulatu de dote agat, ad eundem uirum fuerit reuersa, constantius dicetur per doli exceptionem inefficacem fieri ex stipulatu actionem, usque quo matrimonium durat.
[MODESTINUS in the single book on the difference of dowry.] If a woman, after a divorce, before she brings the action on a stipulation concerning the dowry, has returned to the same husband, it will be said with greater consistency that the action on a stipulation is rendered ineffective by the defense of fraud, as long as the marriage lasts.

Notes

  1. §23.3.13.prconstantius dicetur — The comparative adverb `constantius` ("more consistently" or "with greater consistency") modifies the future passive verb `dicetur` used impersonally ("it will be said"). This indicates that, for the sake of legal coherence, the subsequent accusative-with-infinitive construction (stating that the action is rendered ineffective by the defense of fraud) is the more robust and appropriate opinion to hold.
  2. §23.3.13.prex stipulatu de dote agat — The subjunctive verb `agat` is used here with the ellipsis of its object `actionem` from the standard formulaic expression `actionem agere` ("to bring an action"). Combined with `ex stipulatu` ("arising from a stipulation"), it means "before she brings the action based on a stipulation concerning the dowry."
  3. §23.3.13.prusque quo — A conjunctional phrase combining the preposition `usque` ("all the way") and the neuter ablative singular relative pronoun `quo`, meaning "as long as" or "so long as" to denote duration. It specifies the temporal limit during which the resumed marriage lasts, during which the wife's attempt to sue for the dowry on the basis of the prior stipulation can be successfully blocked by the husband's defense of fraud (`exceptio doli`).

Cite this passage

Justinian I, The Digest of Justinian §23.3.13.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:23.3.13.pr

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