Humanitext Reader

Justinian I · The Digest of Justinian §23.3.42.pr

Risk and Return of Fungible Things Given as Dowry

Passage 3416 of 9271 · Latin

Summary

This section explains that when fungible things determined by weight, number, or measure are given as a dowry, the risk belongs to the husband, as he is allowed to dispose of them on the condition of restoring things of the same kind and quality upon the dissolution of the marriage.

[GAIUS libro undecimo ad edictum prouinciale. ] §23.3.42.prRes in dotem datae, quae pondere numero mensura constant, mariti periculo sunt, quia in hoc dantur, ut eas maritus ad arbitrium suum distrahat et quandoque soluto matrimonio eiusdem generis et qualitatis alias restituat uel ipse uel heres eius.
[GAIUS in the eleventh book on the provincial edict.] Things given as dowry, which consist in weight, number, or measure, are at the risk of the husband, because they are given for this purpose, that the husband may dispose of them at his pleasure and, whenever the marriage is dissolved, either he himself or his heir shall restore others of the same kind and quality.

Notes

  1. 23.3.42.prmariti periculo sunt — The noun 'periculo' is an ablative (or dative) of risk/loss used predicatively with 'sunt', expressing the legal allocation of risk: "to be at the risk of the husband."
  2. 23.3.42.prin hoc dantur, ut — The prepositional phrase 'in hoc' ("for this purpose") serves as a prolepsis (anticipation) pointing forward to the content of the subsequent 'ut' clause containing the subjunctives 'distrahat' and 'restituat'.

Cite this passage

Justinian I, The Digest of Justinian §23.3.42.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:23.3.42.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.