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Justinian I · The Digest of Justinian §23.5.14.pr-23.5.14.3

Conditions for Dotal Land Through Delivery or Obligation

Passage 3505 of 9271 · Latin

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.

[PAULUS libro tertio de adulteriis. ] §23.5.14.prSi nuptura Titio uoluntate eius fundum dotis nomine Maeuio tradit, dos eius condicionis erit, cuius esset, si ipsi Titio fundum tradidisset. §23.5.14.1Si mulieris nomine quis fundum in dotem dederit, dotalis fundus erit: propter uxorem enim uidetur is fundus ad maritum peruenisse. §23.5.14.2Si fundum alienum mulieri debeat maritus eumque mulier ei dotis nomine promiserit, in pendenti erit et tunc fiet dotalis, cum ad eum peruenerit. §23.5.14.3Si fundum legatum sibi dotis causa mulier repudiauerit uel etiam substituto uiro omiserit hereditatem uel legatum, erit fundus dotalis.
[PAUL, On Adulteries, Book III.] a woman about to marry Titius delivers a tract of land, with his consent, to Maevius under the name of a dowry, her dowry will be of the same condition as it would be if she had delivered the land to Titius himself. anyone has given land as a dowry in the name of the woman, the land will be dotal; for that land is deemed to have come to the husband on account of the wife. the husband owes a tract of land belonging to another to the woman, and the woman has promised it to him under the name of a dowry, it will be in suspense, and will become dotal when it has come to him. the woman has rejected a tract of land bequeathed to her for the purpose of a dowry, or even, where the husband has been substituted, she has failed to accept the inheritance or the legacy, the land will be dotal.

Notes

  1. §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.
  2. §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.
  3. §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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