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Justinian I · The Digest of Justinian §23.3.14.pr

Loss of Appraised Dowry During Delivery Delay and Action

Passage 3388 of 9271 · Latin

Summary

Ulpian discusses a case where an appraised thing given as a dowry is destroyed while the woman is in default of delivery, concluding that she has no action.

[ULPIANUS libro trigesimo quarto ad edictum. ] §23.3.14.prSi rem aestimatam mulier in dotem dederit, deinde ea moram faciente in traditione in rerum natura esse desierit, actionem eam habere non puto.
[ULPIANUS in the thirty-fourth book on the edict.] If a woman has given an appraised thing as dowry, and then, while she is in default in making delivery, it has ceased to exist, I do not think that she has an action.

Notes

  1. §23.3.14.prea moram faciente — An ablative absolute construction consisting of the pronoun ea (ablative feminine singular referring to mulier) and the present participle faciente, meaning "while she is in default (in making delivery)." The subject of the subsequent verb desierit is the implicit res (the thing) understood from the preceding rem.
  2. §23.3.14.practionem eam habere non puto — An accusative with infinitive construction governed by puto ("I think"). The pronoun eam (accusative feminine singular referring to the woman) serves as the subject accusative of the infinitive habere, and actionem is its object.

Cite this passage

Justinian I, The Digest of Justinian §23.3.14.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:23.3.14.pr

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