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Justinian I · The Digest of Justinian §23.3.32.pr

Proceeds from Selling Parts of Dotal Property

Passage 3406 of 9271 · Latin

Summary

It stipulates that if the husband sells parts of the dotal land or building with the wife's consent, the money received from the sale belongs to the dowry.

[POMPONIUS libro sexto decimo ad Sabinum. ] §23.3.32.prSi ex lapidicinis dotalis fundi lapidem uel arbores, quae fructus non essent, siue superficium aedificii dotalis uoluntate mulieris uendiderit, nummi ex ea uenditione recepti sunt dotis.
[POMPONIUS in the sixteenth book on Sabinus.] If [the husband], with the consent of the wife, has sold stone from the quarries of a dotal estate, or trees which were not fruit, or the superstructure of a dotal building, the money received from that sale belongs to the dowry.

Notes

  1. §23.3.32.prdotis — A genitive used predicatively to express possession or belonging, meaning 'belongs to the dowry' (or becomes part of the dowry).
  2. §23.3.32.pruendiderit — The verb of the conditional clause (future perfect active indicative third-person singular). The subject is not explicitly stated but is understood from the context as 'the husband', who manages and disposes of the dowry.
  3. §23.3.32.prsuperficium — Accusative singular of the noun superficies (superstructure, right to building on land). Here it refers to the superstructure or building materials of the house.

Cite this passage

Justinian I, The Digest of Justinian §23.3.32.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:23.3.32.pr

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