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Justinian I · The Digest of Justinian §23.3.47.pr

Increase of Dowry by Pre-Marital Acquisitions and Fruits

Passage 3421 of 9271 · Latin

Summary

It explains that if a donation or bequest is made before the marriage to a slave given as a dowry before the marriage, the dowry is increased, just as it is from the fruits of an estate delivered before the marriage.

[IDEM libro octauo decimo digestorum. ] §23.3.47.prSi seruo in dotem ante nuptias dato donatum aliquid uel legatum ante nuptias fuisset, ampliatur dos, sicut ex fructibus fundi, qui ante nuptias traditus est.
[THE SAME in the eighteenth book of Digests.] If, before the marriage, something had been donated or bequeathed to a slave given as a dowry before the marriage, the dowry is increased, just as from the fruits of an estate which was delivered before the marriage.

Notes

  1. §23.3.47.prseruo ... dato — Dative noun phrase. It functions as the indirect dative object of the verbs `donatum ... uel legatum ... fuisset` (with `aliquid` as the neuter singular subject). `dato` is a perfect passive participle in the dative, modifying `seruo`.
  2. §23.3.47.prsicut ex fructibus — Before the prepositional phrase `ex fructibus`, an ellipsis of the main clause's verb is understood: `sicut [dos ampliatur] ex fructibus`. It indicates that the dowry is increased in the same manner as it is from the fruits of an estate delivered before the marriage.

Cite this passage

Justinian I, The Digest of Justinian §23.3.47.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:23.3.47.pr

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