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Justinian I · The Digest of Justinian §24.1.34.pr

Conversion of Invalid Gifts into a Daughter's Dowry

Passage 3546 of 9271 · Latin

Summary

This section explains that even if a donation between spouses is invalid, if the husband gives that property as a dowry for their common daughter with the wife's subsequent consent or permission, the creation of the dowry is deemed valid.

[IDEM libro quadragesimo tertio ad Sabinum. ] §24.1.34.prSiue uxor marito res donasset isque eas in dotem pro communi filia dedisset, siue post donationem, quam in maritum contulit, uxor passa est eum pro filia in dotem dare, benigne dici potest, etsi prima donatio nullius momenti est, attamen ex sequenti consensu ualere dotis dationem.
[THE SAME in his forty-third book on Sabinus.] Whether a wife had donated property to her husband and he had given it as a dowry for their common daughter, or whether, after the donation which she made to her husband, the wife permitted him to give it as a dowry for their daughter, it can be benevolently said that, even if the first donation is of no effect, nevertheless the giving of the dowry is valid based on the subsequent consent.

Notes

  1. §24.1.34.prnullius momenti — The genitive of quality (or value) is used predicatively with the copula 'est' to mean 'of no account' or 'invalid'.
  2. §24.1.34.prpassa est eum ... dare — The perfect tense of the deponent verb patior ('allow', 'permit'), 'passa est', takes an accusative with infinitive construction ('eum ... dare') as its object, where 'eum' refers to the husband.
  3. §24.1.34.prbenigne dici potest ... ualere dotis dationem — The accusative with infinitive construction ('dotis dationem ualere') functions as the complement of the impersonal expression 'dci potest' ('it can be said'). The 'etsi' clause and 'attamen' are nested within this infinitive structure.

Cite this passage

Justinian I, The Digest of Justinian §24.1.34.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:24.1.34.pr

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