Humanitext Reader

Justinian I · The Digest of Justinian §23.3.52.pr

Restitution of Gains from Woman's Promise of Double Damages

Passage 3426 of 9271 · Latin

Summary

It explains that when land is given as dowry and the woman promises twofold damages without being legally required to do so, any benefit the husband obtains from it must be restored to her when she sues for the dowry, as the land itself is part of the dowry.

[MARCIANUS libro tertio regularum. ] §23.3.52.prNon solum si aestimatus fundus, sed etiam si non aestimatus in dotem datus est et alias, cum necesse non habeat mulier duplum promittere, promisit: quia ipse fundus est in dote, quodcumque propter eum consecutus fuerit a muliere maritus, quandoque restituet mulieri de dote agenti.
[MARCIANUS in the third book of Rules.] Not only if a valued land is given as dowry, but also if an unvalued land is given, and in other cases where the woman, although not being required to promise twofold damages, has promised them: because the land itself is in the dowry, whatever the husband has obtained from the woman on account of it, he shall restore to the woman when she sues for the dowry.

Notes

  1. §23.3.52.prduplum promittere — duplum refers to the agreement to pay double the value of the property (stipulatio duplae) in case of eviction (legal claims by a third party). Although the wife is not legally required to make such a promise when providing a dowry, it applies when she does so voluntarily.
  2. §23.3.52.prde dote agenti — A dative present participle modifying the dative noun mulieri. The verb agere here is a technical legal term meaning 'to bring an action' or 'to sue,' and de dote agere means 'to bring an action for the recovery of the dowry.'

Cite this passage

Justinian I, The Digest of Justinian §23.3.52.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:23.3.52.pr

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