[IDEM libro quarto responsorum. ] §23.3.69.prCum post diuortium uiro sciente mulier in possessionem praediorum quae in dotem promisit longo tempore fuerit, conuenisse tacite uidetur, ne dos quae promissa fuerat petatur, et, si petere ea coeperit, pacti exceptione a muliere repellitur.
[THE SAME in the fourth book of Responses.] When, after a divorce, with the knowledge of the husband, the woman has been for a long time in possession of the estates which she promised as a dowry, it seems to have been tacitly agreed that the dowry which had been promised should not be claimed; and if he begins to claim it, he is repelled by the woman by means of the exception of pact.
§23.3.69.1Mulier pecuniam sibi debitam a Seio cum usuris futuri temporis in dote promittenda demonstrauit: eas quoque dotis portionem esse, quarum dies post nuptias cessit, rationis est.
A woman, in promising her dowry, specified money owed to her by Seius with future interest; it is reasonable that those interests also, the day for which arrived after the marriage, are part of the dowry.
§23.3.69.2Usuras dotis in stipulatum cum dote post diuortium deductas ex die secundi matrimonii non esse praestandas placuit, quia nec sortis exactio locum habere coepit: medii autem temporis debebuntur.
It was held that the interest on the dowry brought after the divorce into a stipulation along with the dowry is not to be paid from the day of the second marriage, because not even the collection of the principal began to have place; but the interest for the intermediate time will be due.
§23.3.69.3In domum absentis uxore deducta, nullis in eam interea ex bonis uiri sumptibus factis, ad exhibitionem uxoris promissas usuras reuersus uir improbe petit.
When a wife has been led to the house of an absent husband, and meanwhile no expenses have been made for her out of the husband's goods, the husband, having returned, improperly claims the interest promised for the maintenance of the wife.
§23.3.69.4Gener a socero dotem arbitratu soceri certo die dari non demonstrata re uel quantitate stipulatus fuerat: arbitrio quoque detracto stipulationem ualere placuit, nec uideri simile, quod fundo non demonstrato nullum esse legatum uel stipulationem fundi constaret, cum inter modum constituendae dotis et corpus ignotum differentia magna sit: dotis etenim quantitas pro modo facultatium patris et dignitate mariti constitui potest.
A son-in-law had stipulated from his father-in-law for a dowry to be given on a certain day by the arbitration of the father-in-law, without specifying the property or the quantity; it was held that even if the arbitration is removed, the stipulation is valid, and this does not seem similar to the established rule that where a land is not specified, a legacy or stipulation of land is void, because there is a great difference between the manner of establishing a dowry and an unknown specific thing; for indeed, the quantity of the dowry can be established according to the measure of the father's means and the dignity of the husband.
§23.3.69.5Nuptiis ex uoluntate patris puellae cum filio tutoris iure contractis dos pro modo facultatium et dignitate natalium recte per tutorem constitui potest.
When a marriage is contracted according to the law between a girl, by the will of her father, and the son of her tutor, the dowry can be rightly established by the tutor according to the measure of her means and the dignity of her birth.
§23.3.69.6Patrona dotem pro liberta iure promissam, quod exstiterit ingrata, non retinebit.
A patroness will not retain a dowry promised according to the law on behalf of her freedwoman, on the ground that she turned out to be ungrateful.
§23.3.69.7Cum res in dotem aestimatas soluto matrimonio reddi placuit, summa declaratur, non uenditio contrahitur: ideoque rebus euictis, si mulier bona fide eas dederit, nulla est actio uiro: alioquin de dolo tenetur.
When it has been agreed that properties appraised for a dowry are to be returned upon the dissolution of the marriage, a sum is declared, not a sale contracted; and therefore, if the properties are evicted, if the woman gave them in good faith, the husband has no action; otherwise, she is held liable for fraud.
§23.3.69.8In dotem rebus aestimatis et traditis, quamuis eas mulier in usu habeat, uiri dominium factum uideretur.
When properties are appraised and delivered as a dowry, even though the woman has them in use, the ownership is deemed to have become the husband's.
§23.3.69.9Partum dotalium ancillarum dotis esse portionem conuenit ideoque frustra pacisci uirum, ut inter uxorem et se partus communis sit.
It is agreed that the offspring of dotal female slaves are part of the dowry, and therefore it is in vain for a husband to agree that the offspring should be common between his wife and himself.