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Justinian I · The Digest of Justinian §23.3.24.pr

Dowry Given from Peculium and Return to the Daughter upon Divorce

Passage 3398 of 9271 · Latin

Summary

This section provisions that if a daughter-in-power gives a dowry from the peculium she administers and later divorces while the peculium remains in the same state, the return of the dowry to her is legally valid as if from any ordinary debtor of her peculium.

[POMPONIUS libro quinto decimo ad Sabinum. ] §23.3.24.prSi filia familias nuptura ex peculio, cuius administrationem habet, dotem uiro dedit, deinde, cum in eadem causa peculium eius esset, diuortium fecerit, dos ei recte soluitur quasi a quolibet peculiari debitore.
[POMPONIUS in the fifteenth book on Sabinus.] If a daughter-in-power who is about to marry has given a dowry to her husband out of her peculium, the administration of which she has, and then, while her peculium was in the same condition, has divorced, the dowry is rightly returned to her just as if by any debtor of the peculium.

Notes

  1. §23.3.24.prin eadem causa — Refers to the legal status in which the peculium has not been revoked or taken away (ademtio) by the father, meaning she still retains its administration.
  2. §23.3.24.prquasi a quolibet peculiari debitore — Indicates that the dowry given from her peculium becomes, upon divorce, a debt owed to that peculium, and its return directly to her by the husband is as legally effective as a payment made by any ordinary debtor of her peculium.

Cite this passage

Justinian I, The Digest of Justinian §23.3.24.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:23.3.24.pr

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