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Justinian I · The Digest of Justinian §24.1.59.pr

Validity of a Gift to a Wife Given Back as Dowry

Passage 3571 of 9271 · Latin

Summary

It is ruled that if a husband makes a donation to his wife on the condition of receiving it back as a dowry, the donation becomes valid upon his death.

[PAULUS libro secundo sententiarum. ] §24.1.59.prSi quis uxori ea condicione donauit, ut quod donauit in dotem accipiat, defuncto eo donatio conualescit.
[PAULUS, in the second book of Opinions.] If anyone has made a donation to his wife on the condition that he should receive what he donated as a dowry, upon his death the donation becomes valid.

Notes

  1. 24.1.59.prea condicione donauit, ut quod donauit in dotem accipiat — The construction 'ea condicione... ut...' expresses the condition on which the donation was made ('on the condition that...'). The subject of the subjunctive 'accipiat' within the 'ut'-clause is the donor (husband, 'quis'), meaning that he himself is to receive what he donated ('quod donauit') as a dowry ('in dotem').
  2. 24.1.59.prdefuncto eo — An ablative absolute construction consisting of the pronoun 'eo' and the perfect participle 'defuncto' (from 'defungi', to die), indicating the temporal condition 'upon his (i.e. the donor husband's) death'.

Cite this passage

Justinian I, The Digest of Justinian §24.1.59.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:24.1.59.pr

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