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Justinian I · The Digest of Justinian §23.3.71.pr

Dowry Promised by a Third Party and Shift of Risk

Passage 3445 of 9271 · Latin

Summary

Explains that when a third party promises a dowry on behalf of a woman, the risk is generally borne by the woman, but if the husband pursues the claim and demands interest, the risk shifts to him.

[IDEM libro tertio decimo quaestionum. ] §23.3.71.prCum dotem mulieris nomine extraneus promisit, mulieris periculum est: sed si maritus nomen secutus usuras exegerit, periculum eius futurum respondetur.
[THE SAME in the thirteenth book of Questions.] When a stranger has promised a dowry in the name of a woman, the risk is the woman's; but if the husband, relying on the debt, has exacted interest, it is answered that the risk will be his.

Notes

  1. §23.3.71.prnomen secutus — The noun nomen here refers to the "debt" or "debtor's entry," and secutus (the perfect participle of sequor with an active meaning) indicates following or relying on it. Thus, it means "relying on the debt" or "pursuing the claim."
  2. §23.3.71.prpericulum eius futurum — An accusative-with-infinitive construction with the copula esse omitted after futurum (futurum esse), functioning as the subject clause of the impersonal passive verb respondetur. The pronoun eius is the genitive referring to the husband (maritus).

Cite this passage

Justinian I, The Digest of Justinian §23.3.71.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:23.3.71.pr

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