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Justinian I · The Digest of Justinian §23.4.25.pr

Pact on Dowry Return at Daughter's Death and Defense of Unpaid Dowry

Passage 3484 of 9271 · Latin

Summary

Shows that an agreement to return the dowry upon the daughter's death during marriage is deemed to include an agreement not to demand it if unpaid, and the defense obtained by the father is transmitted to his heir.

[ULPIANUS libro primo responsorum. ] §23.4.25.prQuod de reddenda dote, si data fuisset, mortua in matrimonio filia conuenit, idem de non petenda quoque uideri conuenisse ac patrem pacti conuenti exceptionem nanctum ad heredem suum transmississe.
[ULPIANUS, from the first book of Responses.] As to the agreement made concerning the return of the dowry in the event of the daughter's death during the marriage, if it had been given, it is considered that the same was also agreed concerning not demanding it, and that the father, having obtained the defense of the agreed pact, transmitted it to his heir.

Notes

  1. §23.4.25.prQuod ... conuenit — `Quod` functions as a conjunction ("as to the fact that") or a relative pronoun ("what was agreed") introducing the factual premise of the entire sentence.
  2. §23.4.25.prde non petenda — A gerundive construction with `dote` (dowry) implied; equivalent to `de dote non petenda` (concerning not demanding the dowry).
  3. §23.4.25.prpatrem pacti conuenti exceptionem nanctum ad heredem suum transmississe — `transmississe` is a perfect active infinitive with the accusative `patrem` as its subject. This accusative-with-infinitive (ACI) structure is either governed by the preceding `uideri` ("it is considered that the father transmitted...") or depends on an implied verb of saying/answering (such as `respondit`) which governs the jurist's response.

Cite this passage

Justinian I, The Digest of Justinian §23.4.25.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:23.4.25.pr

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