Humanitext Reader

Justinian I · The Digest of Justinian §23.3.84.pr

Benefit of Competence in Claims for Promised Dowry

Passage 3458 of 9271 · Latin

Summary

Labeo and Paulus discuss whether the benefit of competency (the privilege of being condemned only to the extent of one's ability to pay) applies to a person sued for a promised dowry, distinguishing between an outsider, a father-in-law during the marriage, and a father-in-law after divorce.

[LABEO libro sexto pithanon a Paulo epitomatorum. ] §23.3.84.prSi de dote promissa agitur, non oportet in quantum facere potest condemnari eum qui promisit.
[LABEO in the sixth book of Pithana, epitomized by Paulus.] If an action is brought concerning a promised dowry, it is not proper for the person who made the promise to be condemned only to the extent of his ability to perform.
PAULUS: immo quod ad extraneum attinet, semper hoc uerum est.
PAULUS: On the contrary, so far as an outsider is concerned, this is always true.
ceterum si manente adfinitate dotem promissam gener a socero petit, utique in quantum facere potest socer condemnabitur.
But if, while the relationship by marriage continues, the son-in-law demands the promised dowry from the father-in-law, the father-in-law will certainly be condemned only to the extent of his ability to perform.
si dirempto matrimonio petitur, ex causa et persona id tribuendum puto: quid enim si socer specie futurae dotis induxerit generum et cum sciret se praestare dotem non posse, id egerit, ut genero insidiaretur?
If it is demanded after the marriage has been dissolved, I think this should be granted according to the circumstances of the case and the person: for what if the father-in-law enticed the son-in-law under the pretext of a future dowry, and, although he knew he could not provide the dowry, acted with the intention of laying a trap for his son-in-law?

Notes

  1. §23.3.84.prin quantum facere potest — A legal idiom meaning "to the extent of one's ability to perform" or "as far as one is able to pay" (associated with the beneficium competentiae). Here, facere refers to fulfilling the obligation, specifically payment.
  2. §23.3.84.primmo — A particle used by Paulus to qualify and correct Labeo's preceding statement. It indicates that while Labeo's rule is always true for an outsider (extraneus), there is an exception for a father-in-law (socer).
  3. §23.3.84.prcum sciret se praestare dotem non posse — A cum clause with the subjunctive imperfect sciret, expressing a concessive or circumstantial force ("although he knew that..." / "while knowing that...").

Cite this passage

Justinian I, The Digest of Justinian §23.3.84.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:23.3.84.pr

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