Humanitext Reader

Justinian I · The Digest of Justinian §23.3.28.pr

Prohibition of Father Worsening Daughter's Dowry Position

Passage 3402 of 9271 · Latin

Summary

Explains that after marriage, a father cannot unilaterally worsen his daughter's legal position regarding her dowry, because the dowry cannot be returned to him against her will.

[PAULUS libro septimo ad Sabinum. ] §23.3.28.prPost nuptias pater non potest deteriorem causam filiae facere, quia nec reddi ei dos inuita filia potest.
[PAULUS in the seventh book on Sabinus.] After marriage, a father cannot make his daughter's position worse, because the dowry cannot be returned to him against her will.

Notes

  1. §23.3.28.prdeteriorem causam filiae facere — causam deteriorem facere is a legal idiom meaning "to make one's (legal) position or condition worse." filiae is a genitive modifying causam.
  2. §23.3.28.prei — Dative singular masculine of the pronoun is, referring to the subject of the main clause, pater. It indicates the recipient of the return ("to him", i.e., "to the father") with the passive infinitive reddi.
  3. §23.3.28.prinuita filia — An ablative absolute consisting of the adjective inuita (unwilling) and the noun filia (daughter), meaning "against the daughter's will" or "without the daughter's consent."

Cite this passage

Justinian I, The Digest of Justinian §23.3.28.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:23.3.28.pr

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