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Justinian I · The Digest of Justinian §23.3.26.pr

Exchange of Dowry and Requirement of Benefit to Wife

Passage 3400 of 9271 · Latin

Summary

This fragment states the rule that, during the subsistence of a marriage, an exchange of dowry between money and property is permitted only if it is advantageous to the wife.

[MODESTINUS libro primo regularum. ] §23.3.26.prIta constante matrimonio permutari dotem posse dicimus, si hoc mulieri utile sit, si ex pecunia in rem aut ex re in pecuniam: idque probatum est.
[MODESTINUS in the first book of Rules.] We say that, while the marriage subsists, the dowry can be exchanged only if this is advantageous to the woman, whether from money into a thing or from a thing into money; and this has been approved.

Notes

  1. §23.3.26.prita ... si — The adverb `ita` correlates with the conditional `si` to express a restrictive condition ("only if"). The subsequent second `si` clause (`si ex pecunia...`) further specifies the nature of the exchange.
  2. §23.3.26.prconstante matrimonio — An ablative absolute construction consisting of the noun `matrimonium` and the present participle of `constare` (to subsist), representing the temporal circumstance "while the marriage subsists".

Cite this passage

Justinian I, The Digest of Justinian §23.3.26.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:23.3.26.pr

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