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Justinian I · The Digest of Justinian §23.3.23.pr

Necessity of Explicit Dowry Designation in Delivery

Passage 3397 of 9271 · Latin

Summary

Ulpian explains that just as the explicit mention of a dowry is not required in a stipulation, the same principle applies to the physical delivery of property.

[ULPIANUS libro trigesimo quinto ad Sabinum. ] §23.3.23.prQuia autem in stipulatione non est necessaria dotis adiectio, etiam in datione tantundem ducimus.
[ULPIANUS in the thirty-fifth book on Sabinus.] But since in a stipulation the addition of dowry is not necessary, we hold the same view also in the case of a delivery.

Notes

  1. §23.3.23.prdotis — An objective genitive modifying the noun adiectio, meaning "the addition of (the word) dowry" to the transaction.
  2. §23.3.23.prtantundem ducimus — The verb ducere is used here in the sense of "to hold" or "to judge." tantundem (the same, just as much) is the direct object in the neuter accusative singular, indicating that the same legal consequence is deemed to apply to a delivery as to a stipulation.

Cite this passage

Justinian I, The Digest of Justinian §23.3.23.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:23.3.23.pr

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