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Justinian I · The Digest of Justinian §23.3.17.pr-23.3.17.1

Husband's Liability for Dowry and Return on Unfulfilled Marriage

Passage 3391 of 9271 · Latin

Summary

It discusses the scope of the husband's liability for negligence regarding dotal property, and how an appraised dotal property should be returned (whether the thing itself or its valuation) if the marriage fails to follow.

[PAULUS libro septimo ad Sabinum. ] §23.3.17.prIn rebus dotalibus uirum praestare oportet tam dolum quam culpam, quia causa sua dotem accipit: sed etiam diligentiam praestabit, quam in suis rebus exhibet.
[PAULUS in the seventh book on Sabinus.] In regard to dotal property, the husband must be responsible for both fraud and negligence, because he receives the dowry for his own benefit; but he shall also exhibit the same diligence which he shows in his own affairs.
§23.3.17.1Si re aestimata data nuptiae secutae non sint, uidendum est, quid repeti debeat, utrum res an aestimatio.
If an appraised thing has been given, but the marriage has not followed, it must be considered what ought to be recovered, whether the thing itself or the valuation.
sed id agi uidetur, ut ita demum aestimatio rata sit, si nuptiae sequantur, quia nec alia causa contrahendi fuerit, res igitur repeti debeat, non pretium.
But it is deemed to be intended that the valuation should only be valid if the marriage follows, because there was no other cause for contracting; therefore, the thing itself, and not the price, ought to be recovered.

Notes

  1. §23.3.17.prcausa sua — causa sua is the ablative of causa accompanied by the possessive pronoun sua ("for his own sake/benefit"). The reflexive sua refers to the subject of the clause (the husband).
  2. §23.3.17.prdiligentiam... quam in suis rebus exhibet — Refers to the standard of care known as diligentia quam in suis (diligence shown in one's own affairs). The subject (the husband) is implied in the relative clause quam... exhibet, specifying the degree of diligence to be that which he actually shows toward his own property.
  3. §23.3.17.1id agi uidetur, ut — id is a preparatory pronoun pointing to the subsequent ut clause (ut... rata sit and res... repeti debeat), serving as the subject of the passive infinitive agi (to be intended, to be agreed upon). The literal meaning is "it seems to be intended that...".
  4. §23.3.17.1ita demum... si — A correlative expression meaning "only then... if..." or "only if...". It sets the occurrence of the marriage (nuptiae sequantur) as an absolute prerequisite for the validity of the valuation (aestimatio rata sit).

Cite this passage

Justinian I, The Digest of Justinian §23.3.17.pr-23.3.17.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:23.3.17.pr-23.3.17.1

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