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Justinian I · The Digest of Justinian §23.4.6.pr

Agreements on Husband's Dowry Liability and Risk

Passage 3465 of 9271 · Latin

Summary

Citing Pomponius, the text explains that while an agreement limiting the husband's liability for the dowry to intentional fraud alone is void for the protection of women, various agreements regarding the allocation of debt collection risks and the risk of the dowry itself are permissible between the parties.

[ULPIANUS libro quarto ad edictum. ] §23.4.6.prPomponius ait maritum non posse cisci, ut dolum solummodo in dotem praestet, uidelicet propter utilitatem nubentium: quamuis pacisci possit, ne sit periculo eius nomen debitoris qui ei dotem promisit: nam et ut sit dos periculo mulieris, pacisci eum posse probat, et per contrarium, ut ea dos quae periculo mulieris est sit periculo mariti.
[ULPIANUS from the fourth book on the Edict.] Pomponius says that a husband cannot agree to be liable only for fraud in respect of the dowry, obviously for the benefit of women marrying; although he can agree that the claim against a debtor who promised him a dowry should not be at his risk. For Pomponius approves that the husband can agree that the dowry should be at the risk of the woman, and conversely, that the dowry which is at the risk of the woman should be at the risk of the husband.

Notes

  1. 23.4.6.prcisci — Understood as a variant, archaic form, or scribal error (abbreviation) for the verb pacisci (to agree, contract). In this context, it has the exact same meaning as pacisci.
  2. 23.4.6.prpericulo eius — periculo is an ablative of manner or respect indicating 'at the risk of,' and the genitive pronoun eius refers to the husband (maritum). It means that a special agreement can be made so that the risk of default by the debtor who promised the dowry does not fall on the husband.
  3. 23.4.6.prprobat — The subject is Pomponius. It indicates that he approves (probat) the interpretation that 'the husband is able to make such an agreement.' The final ut-clause (ut ea dos... sit periculo mariti) is also coordinated as part of the object of pacisci which Pomponius approves.

Cite this passage

Justinian I, The Digest of Justinian §23.4.6.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:23.4.6.pr

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