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Justinian I · The Digest of Justinian §23.5.11.pr

Alienation of Appraised Dotal Land and Option of Return

Passage 3502 of 9271 · Latin

Summary

If an appraised tract of land is given as dowry, it cannot be alienated by the husband if the choice of return lies with the wife, but it may be alienated if the choice is at the husband's discretion.

[AFRICANUS libro octauo quaestionum. ] §23.5.11.prQuod si fundus in dotem aestimatus datus sit, ut electio esset mulieris, negauit alienari fundum posse: quod si arbitrio mariti sit, contra esse.
[AFRICANUS, Questions, Book VIII.] But if an appraised tract of land has been given as a dowry under the condition that the choice should belong to the wife, he said that the land cannot be alienated; but if it is at the discretion of the husband, the contrary is true.

Notes

  1. §23.5.11.prnegauit — The subject is not explicitly stated but refers to the jurist being cited (typically Julianus). Since negare means 'to say that... not', it governs the accusative and infinitive clause 'alienari fundum posse', resulting in 'he said that the land could not be alienated'.
  2. §23.5.11.prcontra esse — An accusative and infinitive construction in indirect speech, governed by the preceding negauit (or with a verbum dicendi understood). The adverb contra means 'the contrary', referring here to the opposite of the previous denial, i.e., that the land can be alienated (alienari fundum posse).

Cite this passage

Justinian I, The Digest of Justinian §23.5.11.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:23.5.11.pr

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