Justinian I · The Digest of Justinian §24.3.12.pr

Husband's Competence Privilege in Dowry Restitution and Heirs

Passage 3603 of 9271 · Latin

Summary

Explains the legal rule that a husband is liable for the return of the dowry only to the extent of his financial ability, a privilege that does not extend to his heirs.

[ULPIANUS libro trigesimo sexto ad Sabinum. ] §24.3.12.prMaritum in id quod facere potest condemnari exploratum est: sed hoc heredi non esse praestandum,

[ULPIANUS, Book 36 on Sabinus] It is a settled rule that a husband is to be condemned only to the extent of his ability to pay; but this privilege is not to be granted to his heir,

Notes

§24.3.12.prin id quod facere potest — Meaning "to the extent of what he (the husband) is able to do." Here, 'facere' refers to performing an obligation or paying. This phrase refers to the Roman law privilege known as the 'beneficium competentiae' (the benefit of competence), which limits the husband's liability to his actual means.
§24.3.12.prheredi non esse praestandum — A passive periphrastic conjugation consisting of the gerundive (praestandum) and 'esse', expressing obligation or necessity. It forms an accusative-with-infinitive (ACI) clause with 'hoc' (this privilege) as its subject, dependent on the main clause 'exploratum est'. 'heredi' is the dative case, indicating to whom the privilege is not to be granted.

Cite this passage

Justinian I, The Digest of Justinian §24.3.12.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:24.3.12.pr

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