[IDEM libro secundo ad Urseium Ferocem. ] §23.3.48.prTali facta stipulatione: 'decem in anno proximo dotis nomine dare spondes'? quaesitum est, annus ex quo tempore esset numerandus, utrum ex die stipulationis factae an ex eo die, quo dos esse potuisset, id est nuptiarum.
[THE SAME in the second book on Urseius Ferox.] When such a stipulation had been made: "Do you promise to give ten within the next year under the name of a dowry?", it was asked from what time the year should be calculated, whether from the day the stipulation was made, or from that day on which the dowry could have existed, that is, of the marriage.
et responsum est ex die nuptiarum annum esse numerandum, ne, si aliter obseruaremus, si intra annum nuptiae factae non sint, uideri possit dos ex ea obligatione deberi.
And the answer was that the year should be calculated from the day of the marriage, lest, if we observed otherwise, and if the marriage were not celebrated within the year, it might seem that the dowry was owed under that obligation.
§23.3.48.1Socer genero suo sic legauerat: 'Lucio Titio filiae meae nomine centum heres meus damnas esto dare'. hanc pecuniam generum petere debere, exactam acceptam legatis referri, sed diuortio facto de dote actione mulieri reddendam Proculus respondit et nihilo minus dotis esse factam.
A father-in-law had bequeathed to his son-in-law as follows: "Let my heir be bound to give one hundred to Lucius Titius on behalf of my daughter." Proculus answered that the son-in-law ought to demand this money, and that once exacted and received, it should be entered as a legacy, but that if a divorce occurred, it must be restored to the woman by the action for dowry; and nevertheless it became part of the dowry.
IULIANUS notat: immo nec filiae, si uoluerit, deneganda est huiusmodi actio.
Julian notes: on the contrary, not even to the daughter, if she wishes, should an action of this kind be denied.