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Justinian I · The Digest of Justinian §24.1.54.pr

Uncollected Dowry Interest and Legacy of the Dowry

Passage 3566 of 9271 · Latin

Summary

Discusses whether, when a husband did not demand the interest on a promised dowry while maintaining his wife, the interest is included in the legacy of the dowry or considered remitted under the title of donation.

[IDEM libro octauo responsorum. ]
[The same, in the eighth book of Opinions.] A husband had brought the interest of a promised dowry into a stipulation and had not demanded it.
§24.1.54.prUir usuras promissae dotis in stipulatum deduxerat easque non petierat: cum per omne tempus matrimonii sumptibus suis uxorem et eius familiam uir exhiberet, dote praelegata, sed et donationibus uerbis fideicommissi confirmatis legato quidem dotis usuras non contineri uidebatur, sed titulo donationis remissas.
Since throughout the whole time of the marriage the husband maintained his wife and her household at his own expense, and the dowry had been pre-bequeathed, and also donations had been confirmed by the words of a trust, it seemed indeed that the interest was not contained in the legacy of the dowry, but had been remitted under the title of donation.

Notes

  1. §24.1.54.prremissas — The feminine plural accusative of the perfect passive participle remissa, agreeing with the preceding usuras (feminine plural). It forms an accusative with infinitive construction with the omission of esse (remissas esse), depending on uidebatur, and means "to have been remitted."
  2. §24.1.54.prdote praelegata — Both dote praelegata (the dowry having been pre-bequeathed) and donationibus ... confirmatis (donations having been confirmed) are in the ablative absolute construction, indicating the circumstances or preconditions under which the decision in the main clause is made.

Cite this passage

Justinian I, The Digest of Justinian §24.1.54.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:24.1.54.pr

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