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Justinian I · The Digest of Justinian §24.3.10.pr-24.3.10.1

Dowry Restitution upon Daughter's Captivity or Murder by Husband

Passage 3601 of 9271 · Latin

Summary

On the treatment of dower return when a daughter is captured by enemies, and the granting of the dowry action to the wife's heirs if the husband kills his wife.

[IDEM libro quinto decimo ad Sabinum. ] §24.3.10.prSi ab hostibus capta filia, quae nupta erat et dotem a patre profectam habebat, ibi decesserit, puto dicendum perinde obseruanda omnia ac si nupta decessisset, ut, etiamsi in potestate non fuerit patris, dos ab eo profecta reuerti ad eum debeat.
[THE SAME, Book 15 on Sabinus] If a daughter who was married and had a dowry provided by her father, having been captured by the enemy, should die there, I think it should be held that everything is to be observed just as if she had died while married, so that, even if she was not in the power of her father, the dowry provided by him ought to return to him.
§24.3.10.1Si uir uxorem suam occiderit, dotis actionem heredibus uxoris dandam esse Proculus ait, et recte: non enim aequum est uirum ob facinus suum dotem sperare lucrifacere.
If a husband has killed his wife, Proculus says that the action for dowry ought to be granted to the heirs of the wife, and rightly so; for it is not just that a husband, on account of his own crime, should hope to gain the dowry.
idemque et e contrario statuendum est.
And the same must be established also in the contrary case.

Notes

  1. §24.3.10.prputo dicendum — The accusative gerundive phrase `dicendum [esse]` (it ought to be said) acts as the object of the main verb `puto` (I think). This in turn introduces the subordinate accusative-with-infinitive clause `perinde obseruanda omnia [esse]...` as its subject.
  2. §24.3.10.prnupta decessisset — The pluperfect subjunctive `decessisset` is introduced by the conditional conjunction `ac si` (as if) to express a past contrary-to-fact condition. `nupta` (married) functions as a predicative adjective describing the state of the subject (the daughter) at her death.
  3. §24.3.10.1uirum ob facinus suum dotem sperare lucrifacere — This is an accusative-with-infinitive clause acting as the subject of the impersonal expression `aequum est` (it is just). `uirum` (the husband) is the subject accusative of `sperare` (to hope), which in turn takes the complementary infinitive `lucrifacere` (to gain) with `dotem` as its direct object.

Cite this passage

Justinian I, The Digest of Justinian §24.3.10.pr-24.3.10.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:24.3.10.pr-24.3.10.1

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