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Justinian I · The Digest of Justinian §23.3.15.pr

Loss of Appraised Dowry Without Fault and Buyer's Risk

Passage 3389 of 9271 · Latin

Summary

Pomponius states that if the loss of the appraised dowry was not due to the wife's default, she can claim the price as if she had delivered it, because the risk is on the buyer (the husband).

[POMPONIUS libro quarto decimo ad Sabinum. ] §23.3.15.prQuod si per eam non stetisset, perinde pretium aufert ac si tradidisset, quia quod euenit emptoris periculo est.
[POMPONIUS in the fourteenth book on Sabinus.] But if it had not been due to her, she takes the price just as if she had delivered it, because what happened is at the risk of the buyer.

Notes

  1. §23.3.15.prper eam ... stetisset — The pluperfect subjunctive of the impersonal expression 'stare per aliquem' (it is due to someone, it is someone's fault). It represents a counterfactual condition: 'if it had not been due to her' (referring to the default in delivery or the loss of the thing mentioned in the preceding fragment).
  2. §23.3.15.premptoris — In the delivery of an appraised dowry (res aestimata), the husband stands in a position analogous to that of a buyer at the appraised value; hence he is referred to here as the 'buyer' (emptor). The rule of risk in sale (periculum est emptoris) is applied here by analogy.

Cite this passage

Justinian I, The Digest of Justinian §23.3.15.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:23.3.15.pr

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