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Justinian I · The Digest of Justinian §23.4.19.pr

Agreement for Scheduled Dowry Return When Daughter Inherits

Passage 3478 of 9271 · Latin

Summary

Addresses a case where a father promises a dowry for his daughter with a scheduled return, establishing that an agreement for its return under the same terms upon dissolution of marriage is valid only if the daughter becomes his heir and participates in the agreement.

[ALFENUS libro tertio digestorum a Paulo epitomatorum. ] §23.4.19.prAliud est, si pater pro filia dotem promisit, ut annua bima trima quadrima quinto anno dos a se redderetur, f. 334' et conuenit, ut isdem diebus dos soluto matrimonio redderetur: hoc enim pactum ita ualet, si patri filia heres exstitisset et interueniente ea pactum conuentum fuerit.
[ALFENUS, from the third book of the Digests, epitomized by Paulus.] The case is different if a father promised a dowry on behalf of his daughter, to the effect that the dowry should be returned by himself in the first, second, third, fourth, and fifth year, f. 334' and it was agreed that the dowry should be returned within the same periods upon the dissolution of the marriage: for this pact is valid only if the daughter has become her father's heir and the agreement was made with her intervention.

Notes

  1. §23.4.19.prAliud est, si — A construction indicating a difference from the previous case (23.4.18.pr) concerning agreement between husband and wife after divorce, meaning "the case is different if..." to introduce a distinct scenario involving a third-party father.
  2. §23.4.19.prannua bima trima quadrima quinto anno — An expression showing the installment schedule for the return of the dowry. The adjectives annua (first year), bima (second), trima (third), and quadrima (fourth) are coordinated with the ablative phrase quinto anno (in the fifth year) to define a traditional payment structure.
  3. §23.4.19.prita ualet, si — A correlative construction expressing a restrictive condition, meaning "is valid only if..." or "is valid under these circumstances, namely if...".
  4. §23.4.19.printerueniente ea — An ablative absolute with the pronoun ea (referring to the daughter) as its subject. It indicates a legally critical condition: that the daughter herself was directly involved or intervened in the conclusion of the pact.

Cite this passage

Justinian I, The Digest of Justinian §23.4.19.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:23.4.19.pr

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