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Justinian I · The Digest of Justinian §23.3.6.pr-23.3.6.2

Purpose of Dowry Return to Fathers and Relief for Fraud

Passage 3380 of 9271 · Latin

Summary

Discusses the purpose of returning the dowry to a father upon the loss of his daughter, the status of land belonging to another given as dowry, and the granting of relief on the grounds of equity in cases of fraud.

[POMPONIUS libro quarto decimo ad Sabinum. ] §23.3.6.prIure succursum est patri, ut filia amissa solacii loco cederet, si redderetur ei dos ab ipso profecta, ne et filiae amissae et pecuniae damnum sentiret.
[POMPONIUS in the fourteenth book on Sabinus.] With good reason has the father been succoured, so that if the dowry which proceeded from himself should be returned to him upon the loss of his daughter, it might serve as a consolation, lest he should suffer the loss both of his deceased daughter and of his money.
§23.3.6.1Si pater alienum fundum bona fide emptum in dotem dedit, ab ipso profectus intellegitur.
If a father has given as a dowry another's tract of land which he had bought in good faith, it is understood to have proceeded from himself.
§23.3.6.2Si in dote danda circumuentus sit alteruter, etiam maiori annis uiginti quinque succurrendum est, quia bono et aequo non conueniat aut lucrari aliquem cum damno alterius aut damnum sentire per alterius lucrum.
If either party has been defrauded in the giving of a dowry, relief must be given even to one who is over twenty-five years of age, because it is not consistent with what is good and fair that anyone should either enrich himself to the detriment of another or suffer loss through another's gain.

Notes

  1. 23.3.6.prfilia amissa — Ablative absolute construction (noun + perfect participle), expressing the time or condition "upon the loss (or death) of his daughter".
  2. 23.3.6.prsolacii loco cederet — `cedere` here means "to turn out as" or "to serve as". `solacii` is an appositive or defining genitive ("of consolation") modifying the ablative `loco` ("in place of", "as"). The subject of `cederet` is the returned dowry (`dos`).
  3. 23.3.6.2maiori annis uiginti quinque — "To one older than twenty-five years." `maiori` is the dative of the comparative `maior` (serving as the complement of the impersonal passive `succurrendum est`), and `annis` is the ablative of comparison. In Roman law, while minors under twenty-five were easily granted relief against fraud, this passage states that even an adult (maior) should be relieved here on the grounds of equity.
  4. 23.3.6.2bono et aequo — Dative. Meaning "what is good and fair" (equity), serving as the dative object of the impersonal verb `conueniat` ("to be consistent with").
  5. 23.3.6.2lucrari aliquem cum damno alterius — An accusative and infinitive (ACI) clause with `aliquem` as the subject accusative and `lucrari` as the infinitive, serving as the subject clause of `conueniat`. It expresses the principle of the prohibition of unjust enrichment.

Cite this passage

Justinian I, The Digest of Justinian §23.3.6.pr-23.3.6.2. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:23.3.6.pr-23.3.6.2

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