Humanitext Reader

Justinian I · The Digest of Justinian §23.3.72.pr-23.3.72.2

Debts on Universal Dowry and Liability for Dotal Property

Passage 3446 of 9271 · Latin

Summary

Paulus's responses regarding the liability for debts when a woman gives all her property as dowry, the liability of the husband's father for fraud and negligence, and the woman's right to alter the dowry instrument.

[IDEM libro octauo responsorum. ] §23.3.72.prMulier bona sua omnia in dotem dedit: quaero, an maritus quasi heres oneribus respondere cogatur.
[THE SAME in the eighth book of Responses.] A woman gave all her property as dowry: I ask whether the husband is compelled to answer for the liabilities as if he were an heir.
Paulus respondit eum quidem, qui tota ex repromissione dotis bona mulieris retinuit, a creditoribus conueniri eius non posse, sed non plus esse in promissione bonorum quam quod superest deducto aere alieno.
Paulus responded that he who, by virtue of the promise of dowry, has retained the entire property of the woman, cannot indeed be sued by her creditors, but that there is no more in the promise of the property than what remains after deducting the debts.
§23.3.72.1PAULUS respondit in rebus dotalibus etiam patrem mariti dolum et culpam praestare debere.
PAULUS responded that in respect of dotal property, even the father of the husband must answer for fraud and negligence.
§23.3.72.2PAULUS respondit, si mulier de suo dotem dedit et adhibuit matrem quae stipularetur, potuisse eam postea instrumentum dotale mutare.
PAULUS responded that if a woman gave a dowry from her own property and brought in her mother to stipulate, she was able to alter the dowry instrument afterwards.

Notes

  1. §23.3.72.prcreditoribus conueniri eius non posse — creditoribus is the dative of agent with the passive infinitive conueniri (to be sued/summoned), and eius is the genitive referring to mulieris (the woman's), modifying creditoribus (creditors). It indicates that the husband cannot be sued directly by her creditors.
  2. §23.3.72.prnon plus esse in promissione bonorum quam quod superest deducto aere alieno — deducto aere alieno is an ablative absolute meaning 'debts having been deducted.' The clause explains that even if all property is promised as dowry (promissio bonorum), it only encompasses the net assets remaining (quod superest) after deducting the debts, meaning the husband only receives what remains after the liabilities are cleared.
  3. §23.3.72.2potuisse eam postea instrumentum dotale mutare — An accusative and infinitive construction dependent on respondit in indirect speech. The subject accusative eam refers to the mulier (the woman). It shows that even though she brought in her mother to stipulate, since she gave the dowry from her own property (de suo), she herself retained the power to later alter the dowry instrument.

Cite this passage

Justinian I, The Digest of Justinian §23.3.72.pr-23.3.72.2. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:23.3.72.pr-23.3.72.2

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