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Justinian I · The Digest of Justinian §23.3.63.pr

Third-Party Stipulation and Rededicating Dowry upon Remarriage

Passage 3437 of 9271 · Latin

Summary

This section explains the validity of a third-party stipulation for the return of a dowry upon divorce, and the necessity of consent from the stipulator and the wife when re-establishing the dowry upon the renewal of marriage.

[IDEM libro singulari de heurematicis. ] §23.3.63.prStipulatio de dote reddenda ab extraneo interposita facto diuortio statim committitur nec redintegrato matrimonio actio stipulatori quaesita intercidit: denuo igitur consentiente stipulatore dos constituenda est, ne sequenti matrimonio mulier indotata sit: si modo ea dos non ab ipsa profecta sit, quam alius permissu eius stipulatus est, tunc enim consensus eius non est necessarius.
[THE SAME AUTHOR in the single book on Inventions.] A stipulation entered into by a third party for the return of a dowry is immediately activated upon divorce, and even if the marriage is renewed, the action acquired by the stipulator is not extinguished; therefore, a dowry must be established anew with the consent of the stipulator, so that the woman may not be without a dowry in the subsequent marriage; provided, however, that the dowry did not originate from the woman herself, which another person stipulated for with her permission, for in that case her consent is not necessary.

Notes

  1. 23.3.63.prab extraneo interposita — A participial phrase in the nominative feminine singular modifying the subject stipulatio. In Roman law, an extraneus (stranger/third party) refers to a person other than the spouses or their patres familias.
  2. 23.3.63.prfacto diuortio — An ablative absolute composed of the perfect participle facto and the noun diuortio ("divorce having taken place"), expressing condition or time.
  3. 23.3.63.prstipulatori quaesita — A participial phrase in the nominative feminine singular modifying actio. The dative stipulatori functions as the dative of agent or interest with the perfect participle quaesita, meaning "acquired by the stipulator."
  4. 23.3.63.prconsentiente stipulatore — An ablative absolute composed of the present participle consentiente and the noun stipulatore ("the stipulator consenting"). Since the right of action arising from the prior stipulation is not extinguished by the renewal of marriage, the consent of the stipulator who holds this action is required to re-establish the dowry.
  5. 23.3.63.prconsensus eius — The genitive eius refers in context to the woman (mulier). It indicates that if the dowry did not originate from the woman herself (e.g., if it was adventicia provided by a third party), her own consent is not necessary for its re-establishment upon the renewal of marriage (the consent of the stipulator who provided it is sufficient).

Cite this passage

Justinian I, The Digest of Justinian §23.3.63.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:23.3.63.pr

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