[SCAEUOLA libro secundo responsorum. ] §23.4.29.prCum maritus, qui aestimata praedia in dotem acceperat, manente matrimonio pactus est circumscribendae mulieris gratia, ut praedia inaestimata essent, ut sine periculo suo ea deteriora faceret: quaesitum est, an secundum priores dotales tabulas praedia aestimata remanerent et periculum eorum ad maritum pertineret.
[SCAEUOLA, from the second book of Opinions.] When a husband, who had received appraised estates as a dowry, agreed during the marriage, for the purpose of defrauding his wife, that the estates should be unappraised, so that he might deteriorate them without any risk to himself: it was asked whether, according to the former dowry tablets, the estates remained appraised and the risk of them belonged to the husband.
respondi non idcirco pactum de quo quaereretur impediri, quod in matrimonio factum esset, si deteriore loco dos non esset: nihilo minus eo pacto admisso, si deteriora praedia faceret, eo etiam nomine dotis eum actione teneri.
I answered that the agreement in question was not barred merely because it had been made during marriage, provided that the dowry was not placed in a worse position; nevertheless, even if that agreement were admitted, if he should deteriorate the estates, he would be liable on that account also under the action for dowry.
§23.4.29.1Titius mulieris nomine dotem dedit et stipulatus est in casum mortis et diuortii: diuortio secuto non repetita dote Titius decessit: mulier ex uoluntate heredis eius redintegrauit matrimonium: quaesitum est, an ex stipulatu dotem petere possit, respondi heredem Titii, si consensisset, ut ea quantitas, quam ex stipulatu consequi potuerat, dotis reconciliato matrimonio fieret, posse pacti exceptione summoueri.
Titius gave a dowry on behalf of a woman and stipulated for the event of death and divorce; a divorce followed, and Titius died before the dowry was recovered. The woman, with the consent of his heir, restored the marriage. It was asked whether the dowry could be claimed under the stipulation. I answered that the heir of Titius, if he had agreed that the amount which he could have obtained under the stipulation should become the dowry upon the reconciliation of the marriage, could be barred by the plea of agreement.
§23.4.29.2Mulier de dote quam dedit pacta est, ut, si in matrimonio decessisset, fratri eius redderetur isque in eum casum stipulatus est: mulier decedens quasdam res dotales marito legauit et aliis, quosdam ex seruis dotalibus manumisit.
A woman made an agreement regarding the dowry she had given, that if she should die during the marriage, it should be returned to her brother, and he made a stipulation for that event. The woman, upon dying, bequeathed certain dotal things to her husband and to others, and manumitted some of the dotal slaves.
quaesitum est, an maritus earum nomine, quas legauit mulier, et seruorum, quos manumisit, fratri tenetur.
It was asked whether the husband was liable to the brother on account of those things which the woman bequeathed and the slaves whom she manumitted.
respondi nihil proponi, cur non teneretur, cum et iam heredes defunctae tam legatariis quam libertatibus obnoxii sint.
I answered that no reason was presented why he should not be liable, since indeed the heirs of the deceased woman are already liable both to the legatees and to the grants of freedom.