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Justinian I · The Digest of Justinian §24.1.15.pr-24.1.15.1

Reclaiming Surplus Allowances and Interest on Gifted Money

Passage 3525 of 9271 · Latin

Summary

This passage regulates the conditions under which the surplus of a regular allowance paid by a husband to his wife is reclaimed, and the ownership of interest received by the wife from donated money.

[ULPIANUS libro trigesimo secundo ad Sabinum. ] §24.1.15.prEx annuo uel menstruo, quod uxori maritus praestat, tunc quod superest reuocabitur, si satis immodicum est, id est supra uires dotis.
[ULPIANUS libro trigesimo secundo ad Sabinum.] Of the annual or monthly allowance which a husband pays to his wife, that which remains will be reclaimed only if it is sufficiently excessive, that is, beyond the capacity of the dowry.
§24.1.15.1Si maritus uxori pecuniam donauerit eaque usuras ex donata pecunia perceperit, lucrabitur.
If a husband has donated money to his wife and she has received interest from the donated money, she will acquire it.
haec ita Iulianus in marito libro octauo decimo digestorum scribit.
Thus Julian writes in the eighteenth book of his Digests under the title "On the Husband".

Notes

  1. §24.1.15.prtunc... si — The adverb tunc and the conjunction si are used correlatively, establishing a restrictive condition meaning "only if... (in that case and no other)".
  2. §24.1.15.prsupra uires dotis — The word uires (accusative plural of uis) here means "capacity, resources, or scale". It indicates that the remaining allowance is disproportionately large relative to the size or financial capacity of the dowry (dos).
  3. §24.1.15.1eaque — A combination of the demonstrative pronoun ea (nominative feminine singular, referring to uxori "the wife") and the conjunction -que. It functions as the subject within the following conditional clause.
  4. §24.1.15.1in marito — Refers to the specific section or title "On the Husband" (de marito) within the eighteenth book of Julian's Digests.

Cite this passage

Justinian I, The Digest of Justinian §24.1.15.pr-24.1.15.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:24.1.15.pr-24.1.15.1

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