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Justinian I · The Digest of Justinian §24.1.53.pr-24.1.53.1

Invalidity of In-Law Mortis Causa Gifts and Dowry Wear

Passage 3565 of 9271 · Latin

Summary

It discusses the invalidity of a donation mortis causa from a father-in-law to a son-in-law or daughter-in-law, and addresses why a woman cannot claim compensation for the wear of dowry goods used with her husband's consent, nor claim them as gifts under his bequest.

[IDEM libro quarto responsorum. ] §24.1.53.prMortis suae causa genero uel nurui socerum frustra donare conuenit, quia mortuo socero nuptiae non soluuntur: nec interest, an pater filium uel filiam exheredauerit.
[The same, in the fourth book of Opinions.] It is agreed to no purpose that a father-in-law makes a donation mortis causa to his son-in-law or daughter-in-law, because the marriage is not dissolved by the death of the father-in-law; nor does it matter whether the father has disinherited his son or daughter.
diuortii species eadem ratione diuersa est.
The case of divorce is, for the same reason, different.
§24.1.53.1Res in dotem aestimatas consentiente uiro mulier in usu habuit: usu deteriores si fiant, damni compensatio non admittitur.
A woman, with the consent of her husband, had in her use things valued as dowry: if they become deteriorated by use, compensation for the damage is not allowed.
easdem res non potest mulier sibi quasi donatas defendere ex illis uerbis, quibus donationes ei a uiro legatae sunt, cum eiusmodi species neque donari neque auferri uidentur.
The woman cannot defend these same things as if they had been donated to her on the basis of those words by which donations were bequeathed to her by her husband, since things of this kind are seen neither to be donated nor to be taken away.

Notes

  1. §24.1.53.prsocerum frustra donare conuenit — The infinitive clause socerum ... donare, with the accusative socerum as its subject, functions as the subject of the impersonal verb conuenit (it is agreed). It means 'even if it is agreed that a father-in-law makes a donation, it is in vain (frustra) / of no effect.'
  2. §24.1.53.prnec interest, an pater filium uel filiam exheredauerit — The impersonal verb interest (it matters) is negated and followed by an indirect question introduced by an. It means 'it does not matter whether the father has disinherited his son or daughter.'
  3. §24.1.53.1easdem res non potest mulier sibi quasi donatas defendere — The verb defendere (to claim, defend in court) takes the accusative object easdem res and the participial phrase sibi quasi donatas as a predicative accusative (or part of an accusative with infinitive with an omitted esse). It means 'the woman cannot claim these same things as if they had been donated to her.'

Cite this passage

Justinian I, The Digest of Justinian §24.1.53.pr-24.1.53.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:24.1.53.pr-24.1.53.1

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