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Justinian I · The Digest of Justinian §23.3.49.pr

Risk on Dowry Debt Released by Acceptilation by Husband

Passage 3423 of 9271 · Latin

Summary

On whether a sum of money constitutes a dowry and who bears the risk when a husband stipulates for it from a third party and then releases the debt by acceptilation.

[IDEM libro quinto ex Minicio. ] §23.3.49.prUir ab eo, qui uxori eius dotem facere uolebat, certam pecuniam eo nomine stipulatus est, deinde acceptam eam fecit: quaerebatur, essetne ea pecunia in dotem.
[THE SAME in the fifth book from Minicius.] A husband stipulated for a certain sum of money under that name from a person who wished to constitute a dowry for his wife, and then released it by acceptilation. It was asked whether that money was part of the dowry.
respondit, si acceptam non fecisset et promissor soluendo esse desisset, quaereremus, an culpa mariti ea pecunia exacta non esset: cum uero acceptam fecit, omnimodo periculum ad eum pertinebit: perinde enim est, ac si acceperit pecuniam et eandem promissori donauerit.
He answered that if he had not released it by acceptilation, and the promisor had ceased to be solvent, we would have to inquire whether it was through the husband's fault that the money had not been exacted; but since he did release it by acceptilation, the risk will in any case belong to him; for it is just as if he had received the money and donated the same back to the promisor.

Notes

  1. §23.3.49.pracceptam ... fecit — In Roman law, the phrase acceptum (acceptam) facere refers to acceptilation (acceptilatio), a formal verbal release by which a creditor declares that they have received what was promised, thereby extinguishing the obligation without actual payment.
  2. §23.3.49.prsoluendo esse desisset — The word soluendo is the dative gerund of soluere (to pay). The idiom soluendo esse means "to be solvent" (literally, "to be for paying"). Combined with desisset (subjunctive pluperfect of desinere), it means "had ceased to be solvent" or "had become insolvent."
  3. §23.3.49.pressetne ea pecunia in dotem — The phrase in dotem uses the preposition in with the accusative to express purpose or result ("into the category of dowry"). It means "whether that money was to be counted as part of the dowry."

Cite this passage

Justinian I, The Digest of Justinian §23.3.49.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:23.3.49.pr

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