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Justinian I · The Digest of Justinian §23.4.8.pr

Dowry Agreements with Children when the Father is Incapacitated

Passage 3467 of 9271 · Latin

Summary

This section states that if a father is incapacitated due to insanity or captivity, any agreement regarding the dowry for his children's marriage must necessarily be made with the children themselves.

[PAULUS libro septimo ad Sabinum. ] §23.4.8.prQuotiens patre furente uel ab hostibus capto filius familias ducit uxorem filiaque familias nubit, necessario etiam pactio cum ipsis dumtaxat dotis nomine fieri poterit.
[PAULUS from the seventh book on Sabinus.]\n\nWhenever, while the father is insane or captured by the enemy, a son under paternal power marries a wife or a daughter under paternal power marries, an agreement on the account of the dowry can necessarily be made with them alone.

Notes

  1. §23.4.8.prpatre furente uel ab hostibus capto — Ablative absolute construction. The noun patre (ablative singular of pater) is modified in common by the present participle furente (ablative singular of furere) and the perfect passive participle capto (ablative singular of capere), describing circumstances where the father is incapable of giving valid legal consent.
  2. §23.4.8.prcum ipsis dumtaxat — The pronoun ipsis (ablative plural of ipse) refers to the 'son under paternal power' (filius familias) and 'daughter under paternal power' (filia familias) who are getting married. Accompanied by the adverb dumtaxat (only, at least), it indicates that the agreement can be made solely with the children themselves, bypassing the incapacitated father.

Cite this passage

Justinian I, The Digest of Justinian §23.4.8.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:23.4.8.pr

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