Humanitext Reader

Justinian I · The Digest of Justinian §23.3.51.pr

Dowry Provided from Property Gifted to Emancipated Daughter

Passage 3425 of 9271 · Latin

Summary

It explains that if property gifted by a father to his emancipated daughter is subsequently given as a dowry, the dowry is deemed to have been provided by the daughter herself, not by the father.

[ULPIANUS libro secundo responsorum. ] §23.3.51.prSi res, quas filiae emancipatae pater donauit, ex uoluntate eius postea in dotem pro ea datae sunt, a filia dotem, non a patre uideri datam.
[ULPIANUS in the second book of Responses.] If property, which a father had gifted to his emancipated daughter, was subsequently given as a dowry for her with his consent, the dowry is deemed to have been given by the daughter, and not by the father.

Notes

  1. §23.3.51.prex uoluntate eius — The genitive of the demonstrative pronoun eius refers to the preceding pater (father). Although the daughter is already emancipated (emancipata) and has become legally independent (sui iuris), meaning the property is her own, this phrase indicates that the father's consent (or will) as the original donor was involved when the property was subsequently designated as a dowry.
  2. §23.3.51.pra filia dotem, non a patre uideri datam — The verb uideri (to be deemed/to seem) is followed by an accusative with infinitive (A.C.I.) construction consisting of the subject accusative dotem and the perfect passive infinitive datam [esse]. The agents (ablative phrases) a filia and non a patre are contrasted, presenting a key legal determination regarding the attribution of the dowry's return rights to the daughter.

Cite this passage

Justinian I, The Digest of Justinian §23.3.51.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:23.3.51.pr

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