[IULIANUS libro sexto decimo digestorum. ] §23.3.44.prSi pater filiae nomine dotem promisisset et eam ante nuptias emancipasset, non resoluitur promissio: nam et cum ante nuptias pater moreretur, nihilo minus heredes eius ex promissione obligati manebunt.
[JULIAN in the sixteenth book of the Digests.] If a father had promised a dowry on behalf of his daughter and had emancipated her before the marriage, the promise is not dissolved; for even if the father should die before the marriage, his heirs will nevertheless remain obligated under the promise.
§23.3.44.1Quae debitorem filium familias habet, si patri eius ita dotem promiserit: 'quod mihi debes uel quod mihi filius tuus debet, doti tibi erunt', non obligatur, sed efficit, ut id, quod actione de peculio seruari a patre poterat, in dote sit.
A woman who has a son-in-power as her debtor, if she promises a dowry to his father in this way: "What you owe me or what your son owes me shall be a dowry for you," is not newly obligated, but she brings it about that what could have been recovered from the father by the action on the peculium is included in the dowry.
MARCELLUS. Siue igitur cum filio post hac siue cum patre agere instituerit, exceptione pacti conuenti summouebitur: actione autem de dote si experietur, consequetur quod in peculio fuisse apparuerit eo tempore quo dos promittebatur: utique si post nuptias promissa dos est.
MARCELLUS. Therefore, whether she undertakes to bring an action after this against the son or against the father, she will be barred by the exception of an agreed pact; but if she sues with the action on the dowry, she will obtain what appears to have been in the peculium at the time when the dowry was promised; at any rate, if the dowry was promised after the marriage.
nam dote ante nuptias promissa eius temporis peculium aestimari debet, quo nuptiae fierent.
For if the dowry was promised before the marriage, the peculium at the time when the marriage took place ought to be appraised.