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Justinian I · The Digest of Justinian §23.5.1.pr-23.5.1.1

Exceptions to the Lex Julia on Dotal Land

Passage 3492 of 9271 · Latin

Summary

This section explains the exceptions to the Lex Julia on dotal land, specifically when a neighbor obtains possession and ownership due to the husband's failure to provide security, and when the land passes to an heir through universal succession subject to its existing restrictions.

[Paulus libro trigesimo sexto ad edictum. ] §23.5.1.prInterdum lex Iulia de fundo dotali cessat: si ob id, quod maritus damni infecti non cauebat, missus sit uicinus in possessionem dotalis praedii, deinde iussus sit possidere: hic enim dominus uicinus fit, quia haec alienatio non est uoluntaria.
[PAULUS, on the Edict, Book XXXVI.] Sometimes the Lex Julia on dotal land does not apply: if, because the husband did not provide security against impending damage, a neighbor has been put in possession of the dotal land, and has then been ordered to possess it; for here the neighbor becomes the owner, because this alienation is not voluntary.
§23.5.1.1Sed et per uniuersitatem transit praedium, secundum quod possibile est, ad alterum, ueluti ad heredem mariti, cum suo tamen iure, ut alienari non possit.
But the land also passes to another by universal succession, so far as this is possible, for instance to the heir of the husband, yet with its own status, namely, that it cannot be alienated.

Notes

  1. §23.5.1.prdamni infecti — Genitive governed by the verb cauebat (to provide security). It refers to damage that has not yet occurred but is threatened in the future.
  2. §23.5.1.priussus sit possidere — Refers to the praetorian order of possession (the "second decree" or secundum decretum) following the initial entry into possession (missus sit in possessionem) when the opponent failed to provide security, which leads to the acquisition of ownership.
  3. §23.5.1.1per uniuersitatem — An adverbial phrase meaning "by universal succession." It refers to the succession of an entire estate as a whole (such as by inheritance), in contrast to the transfer of individual assets.
  4. §23.5.1.1cum suo tamen iure — "suo" refers back to "praedium", meaning "with its own legal status (or limitation)." The content of this "ius" is specified by the subsequent "ut" clause (that it cannot be alienated).

Cite this passage

Justinian I, The Digest of Justinian §23.5.1.pr-23.5.1.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:23.5.1.pr-23.5.1.1

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