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Justinian I · The Digest of Justinian §24.1.48.pr

Ownership of Gifts During Marriage and Effect of Legacies

Passage 3560 of 9271 · Latin

Summary

Regarding donations between spouses, this text explains that things given by a husband to his wife during marriage remain his property, and this right of recovery is not affected by any ample legacies left to him by his wife.

[IDEM libro nono digestorum. ] §24.1.48.prQuae iam nuptae maritus donauit, uiri manent et potest ea uindicare: nec quicquam refert, quod ampla legata ab uxore ei relicta sunt.
[THE SAME, in the ninth book of the Digests.] Those things which a husband has given to a woman who is already married to him remain the property of the husband, and he can claim them back; nor does it make any difference that ample legacies have been left to him by his wife.

Notes

  1. §24.1.48.pruiri — uiri is the genitive singular of uir (husband), functioning here as a possessive genitive. Combined with the verb manent, it means "remain the property of the husband."
  2. §24.1.48.pruindicare — uindicare is a technical legal term in Roman law referring to the action for the recovery of property (rei vindicatio). It denotes a formal claim based on ownership, rather than a mere request in fact.
  3. §24.1.48.prquod ampla legata ab uxore ei relicta sunt — The clause introduced by quod is a noun clause of fact, serving as the logical subject or explanatory content of the impersonal verb refert (it matters, it makes a difference).

Cite this passage

Justinian I, The Digest of Justinian §24.1.48.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:24.1.48.pr

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