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Justinian I · The Digest of Justinian §23.5.8.pr

Ownership of Timber Cut from Dotal Land for Replanting

Passage 3499 of 9271 · Latin

Summary

Alfenus's response that if a husband cut down an olive grove on dotal land at his wife's request to replant it and subsequently died bequeathing the dowry to her, the timber cut from it must be returned to the wife.

[ALFENUS libro tertio digestorum a Paulo epitomatorum. ] §23.5.8.prUir in fundo dotali uxoris rogatu oliuetum succiderat ad hoc, ut nouellum reponeret: postea uir mortuus erat et uxori dotem relegauerat.
[ALFENUS, Digest, Book III, epitomized by Paulus.] A husband, at the request of his wife, had cut down an olive grove on dotal land for the purpose of replacing it with a new one; afterwards, the husband died and had bequeathed the dowry to his wife.
ligna, quae ex oliueto excisa essent, oportere mulieri reddi respondit.
He answered that the timber which had been cut from the olive grove ought to be returned to the woman.

Notes

  1. §23.5.8.pruxoris rogatu — rogatu is the ablative singular of the fourth-declension noun rogatus (request), expressing cause or 'at the request of.' uxoris is a subject genitive modifying rogatu.
  2. §23.5.8.prligna ... oportere ... reddi respondit — An accusative with infinitive (AcI) construction serving as the object of the verb respondit (answered). The accusative ligna (timber) is the subject of the impersonal verb oportere (ought to), which takes the passive infinitive reddi (to be returned) as its complement.

Cite this passage

Justinian I, The Digest of Justinian §23.5.8.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:23.5.8.pr

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