Humanitext Reader

Justinian I · The Digest of Justinian §23.4.10.pr

Exemption of Specific Heirs from Dowry Return Claims

Passage 3469 of 9271 · Latin

Summary

A grandfather agrees upon receiving a dowry that claims shall not be made against himself or his son, but only against other heirs, and the validity of this provision and the protection of the son are discussed.

[IDEM libro uicesimo sexto ad Sabinum. ] §23.4.10.prAuus pactus est, cum dotem pro nepote suscepisset, ne a se neue a filio dos peteretur, ab alio uero quam filio herede ut dos peteretur.
[THE SAME from the twenty-sixth book on Sabinus.] A grandfather agreed, when he had received a dowry on behalf of his grandchild, that the dowry should not be claimed from himself nor from his son, but that the dowry should be claimed from an heir other than his son.
exceptione conuentionis filius tuendus erit, quippe heredi nostro cauere concessum est, nec quicquam obstat quo minus certae personae, si heres erit sibi, caueri possit, quod non idem et in ceteris heredibus cauetur: et ita Celsus scribit.
The son must be protected by the exception of agreement, since it is permitted to make provision for our heir, and nothing prevents provision from being made for a specific person, if he should be an heir to him, even though the same is not provided for the other heirs; and Celsus writes to this effect.

Notes

  1. 23.4.10.prab alio uero quam filio herede — The words 'alio' and 'herede' agree in the ablative case governed by the preposition 'ab'. The conjunction 'quam' introduces an exception ('other than'), with 'filio' standing in apposition or case-agreement with the ablative 'herede'.
  2. 23.4.10.prcauere — This legal term means to make provision, secure a right, or arrange a legal safeguard by agreement (here, securing an exemption from a claim for the return of the dowry). The impersonal passive 'caueri possit' is used in the same sense.
  3. 23.4.10.prsibi — A third-person reflexive pronoun. In the clause 'si heres erit sibi' ('if he should be an heir to him'), it refers not to the subject of the conditional clause ('heres'), but to the subject of the main action, the grandfather ('auus') who made the agreement.
  4. 23.4.10.prquod non idem et in ceteris heredibus cauetur — The relative pronoun 'quod' is used restrictively to introduce a concessive clause ('although the same is not provided...'). It demonstrates the validity of an asymmetrical agreement where provision is made only for a specific heir and not for others.

Cite this passage

Justinian I, The Digest of Justinian §23.4.10.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:23.4.10.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.