Humanitext Reader

Justinian I · The Digest of Justinian §24.1.36.pr-24.1.36.1

Valuation of Surviving Gifts and Exchange of Betrothal Rings

Passage 3548 of 9271 · Latin

Summary

This text presents Paul's views on the recovery and valuation of existing donated items, and the validity of a betrothal gift where a fiancé replaced a third party's ring with his own after marriage.

[PAULUS libro trigesimo sexto ad edictum. ] §24.1.36.prSi donatae res exstant, etiam uindicari poterunt: sed quia causam possidendi donatio praestitit, nisi reddatur res, aestimatio facienda est iusto pretio cauerique possidenti debebit de euictione simpli, quanti ea res sit: idque etiam Pedio uidetur.
[PAULUS in his thirty-sixth book on the Edict.] If the donated objects exist, they can also be vindicated; but because the donation provided a cause for possession, unless the object is returned, an assessment must be made at a fair price, and security must be provided to the possessor against eviction for the single value, representing how much that thing is worth; and this also seems correct to Pedius.
§24.1.36.1Sponsus alienum anulum sponsae muneri misit et post nuptias pro eo suum dedit: quidam et Nerua putant fieri eum mulieris, quia tunc factam donationem confirmare uidetur, non nouam inchoare, quam sententiam ueram esse accepi.
A fiancé sent another person's ring to his fiancée as a gift, and after the wedding gave his own ring in place of it; some, and also Nerva, think that it becomes the woman's property, because he seems to confirm the donation made at that time, not to begin a new one, which opinion I accept as true.

Notes

  1. 24.1.36.prcausam possidendi — Meaning 'the title (or ground) of possession.' Although the donation itself is legally invalid due to the prohibition of donations between spouses, the transfer generated a factual cause for the recipient to hold possession.
  2. 24.1.36.prde euictione simpli — Meaning 'regarding eviction of the single value.' If eviction occurs (where a third party claims ownership and recovers the object), security must be provided to the possessor for the single value (simplum) of the object, rather than the double value (duplum) common in sales.
  3. 24.1.36.1tunc factam donationem confirmare — Meaning 'to confirm the donation made at that time (before marriage).' While donations between spouses are prohibited, gifts during betrothal are valid. Replacing the ring after marriage is interpreted as a performance or confirmation of the valid pre-marital gift, rather than a prohibited new gift.

Cite this passage

Justinian I, The Digest of Justinian §24.1.36.pr-24.1.36.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:24.1.36.pr-24.1.36.1

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