Justinian I · The Digest of Justinian §23.5.14.pr-23.5.14.3
Conditions for Dotal Land Through Delivery or Obligation
Summary
Paul's discussion in Fragment 14 regarding the conditions under which a tract of land becomes a dotal estate under various scenarios, such as delivery to a third party with the husband's consent, gift of land in the woman's name, promising a tract of land owed by the husband, and refusal of an inheritance or legacy where the husband is substituted.
Notes
- §23.5.14.prcuius esset, si ipsi Titio fundum tradidisset — cuius is a relative pronoun in the genitive case agreeing with the antecedent condicionis. esset (imperfect subjunctive) functions as the apodosis of a contrary-to-fact conditional sentence with si... tradidisset (pluperfect subjunctive), representing the state that would exist in the present if she had delivered the land in the past.
- §23.5.14.2cum ad eum peruenerit — A subordinate clause introduced by the temporal/conditional conjunction cum, with peruenerit in the future perfect indicative. The pronoun eum refers contextually to the husband (maritus), who owed the land to the woman (mulier). It marks the moment when the husband acquires the land and ownership vests in him.
- §23.5.14.3substituto uiro — An ablative absolute construction (noun + participle) meaning "where the husband has been substituted (as an alternative heir or legatee)." This explains the context where, because the woman rejected (repudiauerit / omiserit) the legacy or inheritance, the substituted husband (uir) acquires them, and the land thereby becomes dotal upon coming into his hands.
Cite this passage
Justinian I, The Digest of Justinian §23.5.14.pr-23.5.14.3. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:23.5.14.pr-23.5.14.3
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