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Justinian I · The Digest of Justinian §24.1.14.pr

Validity of Gifts to Rebuild a Burned House

Passage 3524 of 9271 · Latin

Summary

Among donations from husband to wife, a donation of money for the reconstruction of the wife's house destroyed by fire is valid to the extent required for the construction.

[PAULUS libro septuagesimo primo ad edictum. ] §24.1.14.prQuod si uir uxori, cuius aedes incendio consumptae sunt, ad refectionem earum pecuniam donauerit, ualet donatio in tantum, in quantum aedificii extructio postulat.
[PAULUS libro septuagesimo primo ad edictum.] But if a husband has donated money to his wife, whose house was destroyed by fire, for its reconstruction, the donation is valid to such an extent as the construction of the building requires.

Notes

  1. §24.1.14.prin tantum, in quantum — A correlative adverbial phrase expressing limitation, meaning "to such an extent as...". It indicates that the donation, as an exception to the prohibition of donations between husband and wife, is valid only within the limit of the amount actually required for the reconstruction of the destroyed building.
  2. §24.1.14.praedes / earum — aedes in the plural means "house" or "dwelling" (whereas the singular usually means "temple"). Consequently, the pronoun earum referring back to it is in the feminine genitive plural ("for their [the buildings'] reconstruction").

Cite this passage

Justinian I, The Digest of Justinian §24.1.14.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:24.1.14.pr

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