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Justinian I · The Digest of Justinian §23.3.74.pr

Privilege for Dowry Return in Unconsummated Marriages

Passage 3448 of 9271 · Latin

Summary

This section explains the legal rule granting a privilege among personal actions to the claim for the return of a dowry when the marriage did not take place or when the girl was under the marriageable age.

[HERMOGENIANUS libro quinto epitomarum. ] §23.3.74.prSi sponsa dotem dederit nec nupserit uel minor duodecim annis ut uxor habeatur, exemplo dotis condictioni fauoris ratione priuilegium, quod inter personales actiones uertitur, tribui placuit.
[HERMOGENIANUS in the fifth book of Epitomes.] If a betrothed woman has given a dowry and has not married, or if a girl under twelve years of age has given it in order to be held as a wife, it has been decided that, by analogy of a dowry and by reason of favor, a privilege which is exercised among personal actions should be granted to her claim for return.

Notes

  1. §23.3.74.prminor duodecim annis ut uxor habeatur — The verb `dederit` (and its object `dotem`) is understood from the preceding clause `Si sponsa dotem dederit`. Since a girl under twelve cannot legally marry under Roman law, the clause `ut uxor habeatur` ("in order to be held as a wife") describes the factual state where she is cohabiting as if she were a wife.
  2. §23.3.74.prcondictioni ... priuilegium ... tribui placuit — `condictioni` is the dative case of `condictio` (claim for return of enrichment), governed by the passive infinitive `tribui` ("to be granted"). It indicates that the claim for return arising from a non-performed marriage is granted a creditor's privilege (`priuilegium`) among personal actions, giving it priority in bankruptcy or concurrence of creditors.

Cite this passage

Justinian I, The Digest of Justinian §23.3.74.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:23.3.74.pr

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