Humanitext Reader

Justinian I · The Digest of Justinian §23.3.64.pr

Tacit Restoration of Dowry upon Reunion with Former Husband

Passage 3438 of 9271 · Latin

Summary

This section rules that if, after a divorce, the husband has given no security for the dowry and the wife marries another but later returns to her former husband, the dowry is tacitly restored.

[IAUOLENUS libro quarto ex Cassio. ] §23.3.64.prPost diuortium mulier si de dote maritus nihil cauit et, cum alii nupsisset, postea ad priorem uirum rediit, tacite dos ei redintegratur.
[JAVOLENUS in the fourth book on Cassius.] If, after a divorce, the husband has given no security for the dowry, and the woman, having married another, afterwards returns to her former husband, the dowry is tacitly restored for her.

Notes

  1. §23.3.64.prmulier — The noun `mulier` is placed before the conditional conjunction `si`, but functionally serves as the subject of the verbs `nupsisset` and `rediit` within the `si`-clause, or as the thematic subject of the entire sentence.
  2. §23.3.64.prnihil cauit — The verb `cavere` here refers to giving security or guarantees for the return of the dowry upon divorce; thus, `nihil cauit` means "has given no security."
  3. §23.3.64.prei — The dative pronoun `ei` could grammatically refer to the nearest masculine noun `priorem uirum` (former husband), but it is more naturally understood as referring to `mulier` (the wife), meaning the dowry is restored "for her" (i.e., to her benefit).

Cite this passage

Justinian I, The Digest of Justinian §23.3.64.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:23.3.64.pr

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