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Justinian I · The Digest of Justinian §23.3.81.pr

Establishment of Paternal Dowry by Spending Another's Money

Passage 3455 of 9271 · Latin

Summary

Explains that if a father gives money belonging to another as his daughter's dowry, a dowry from the father's side (dos profecticia) is established once that money is consumed.

[PAPINIANUS libro octauo quaestionum. ] §23.3.81.prPater filiae nomine nummos alienos, quos mutuos acceperat aut in causam crediti receperat, in dotem dedit.
[PAPINIANUS in the eighth book of Questions.] A father, in the name of his daughter, gave as a dowry money belonging to another, which he had received as a loan or accepted on account of a credit.
consumptis his dos profecticia efficitur.
Once this money has been consumed, a dowry from the father's side is established.

Notes

  1. §23.3.81.prconsumptis his — Ablative absolute construction. At the moment when money belonging to another is merely delivered as a dowry, the dowry does not yet legally exist; however, once the money is consumed (consumere) by being mixed or spent, the recipient acquires ownership, and the dowry is thereby validly established.
  2. §23.3.81.prdos profecticia — Refers to a dowry provided by the father himself (or under his authority), distinguished from "adventitious dowry" (dos adventicia) provided by a mother or a third party. Although money belonging to another was used here, since the provision originated from the father and became effective through consumption, it is treated as a dowry from the father's side (dos profecticia).

Cite this passage

Justinian I, The Digest of Justinian §23.3.81.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:23.3.81.pr

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