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Justinian I · The Digest of Justinian §23.5.3.pr-23.5.3.1

Land Bequeathed to Dotal Slaves and Alienation Ban

Passage 3494 of 9271 · Latin

Summary

On the applicability of the Lex Julia to land bequeathed to a dotal slave, and the prohibition of alienating dotal land as long as the wife has or will have an action for her dowry.

[PAULUS libro trigesimo sexto ad edictum. ] §23.5.3.prFundus dotali seruo legatus ad legem Iuliam pertinet quasi dotalis.
[PAULUS, On the Edict, Book XXXVI.] A tract of land bequeathed to a dotal slave is subject to the Lex Julia, as if it were dotal.
§23.5.3.1Totiens autem non potest alienari fundus, quotiens mulieri actio de dote competit aut omnimodo competitura est.
Moreover, the land cannot be alienated as long as the wife has, or is in any event about to have, an action for her dowry.

Notes

  1. §23.5.3.prdotali seruo legatus — 'bequeathed to a dotal slave'. dotali is an adjective modifying seruo, referring to a slave that forms part of the dowry. The dative seruo is the indirect object of the participle legatus (which agrees with fundus).
  2. §23.5.3.1totiens ... quotiens — Correlative adverbs meaning 'as often as...' or 'whenever...'. It establishes the temporal and logical condition that as long as the wife has, or is bound to have, an action for her dowry, the alienation of the land is prohibited.
  3. §23.5.3.1competitura est — A future active periphrastic form, consisting of the future active participle competitura (agreeing with the feminine subject actio) and est. It expresses a destined or certain future event ('is about to be available').

Cite this passage

Justinian I, The Digest of Justinian §23.5.3.pr-23.5.3.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:23.5.3.pr-23.5.3.1

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