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Justinian I · The Digest of Justinian §23.3.25.pr

Agreement on Dowry in Lieu of Debt and Accord

Passage 3399 of 9271 · Latin

Summary

This text explains that when a debtor marries his female creditor and they agree to establish a sum of money as a dowry instead of the original debt, both the release of the debt and the creation of the dowry are valid under the doctrine of performance in lieu of fulfillment.

[PAULUS libro septimo ad Sabinum. ] §23.3.25.prSi ei nuptura mulier, qui Stichum debebat, ita cum eo pacta est: 'pro Sticho, quem mihi debes, decem tibi doti erunt', secundum id quod placuit rem pro re solui posse et liberatio contingit et decem in dotem erunt, quia et permutatio dotium conuentione fieri potest.
[PAULUS in the seventh book on Sabinus.] If a woman who is about to marry a man who owed her Stichus has made an agreement with him as follows: 'In place of Stichus, whom you owe me, ten shall be a dowry for you,' then, in accordance with the accepted rule that one thing can be paid in place of another, both a release from liability occurs and the ten will become the dowry, since even an exchange of dowries can be made by agreement.

Notes

  1. §23.3.25.prei ... qui Stichum debebat — ei is the dative masculine singular of the demonstrative pronoun is, governed by the future participle nuptura (from nubo, 'to marry'). It also serves as the antecedent of the relative pronoun qui. The imperfect verb debebat indicates the pre-existing obligation of the future husband to deliver the slave Stichus to the woman.
  2. §23.3.25.prsecundum id quod placuit rem pro re solui posse — The pronoun id in secundum id ('according to that') is explained by the appositive quod clause. placuit is used impersonally ('it is accepted/decided'), taking the accusative and infinitive (AcI) clause rem pro re solui posse ('that one thing can be paid in place of another', referring to datio in solutum) as its subject.

Cite this passage

Justinian I, The Digest of Justinian §23.3.25.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:23.3.25.pr

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