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Justinian I · The Digest of Justinian §24.3.11.pr

Dowry of Another's Property and Restitution of Goods and Fruits

Passage 3602 of 9271 · Latin

Summary

It is ruled that if a wife knowingly gives another's property as a dowry, it must be returned to her upon divorce as if it were her own, along with the fruits in proportion to the year of the divorce.

[IDEM libro sexto decimo ad Sabinum. ] §24.3.11.prSi alienam rem sciens mulier in dotem dederit, reddenda ei est, quasi suam dedisset, et fructus pro portione anni, quo diuortium factum est.
[THE SAME, Book 16 on Sabinus] If a woman, knowingly having given another's property as a dowry, it must be restored to her just as if she had given her own, and also the fruits in proportion to the part of the year in which the divorce took place.

Notes

  1. §24.3.11.prsciens — A present participle agreeing with the subject `mulier`, indicating her subjective state of knowledge ("knowingly") that the property belonged to someone else.
  2. §24.3.11.prfructus — A nominative noun (singular or plural). Following `reddenda ... est` in the preceding clause, the gerundive construction `reddendus est` or `reddendi sunt` is understood as omitted here.

Cite this passage

Justinian I, The Digest of Justinian §24.3.11.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:24.3.11.pr

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