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Justinian I · The Digest of Justinian §24.3.15.pr-24.3.15.2

Timing of Competence Assessment and Scope of Liabilities

Passage 3606 of 9271 · Latin

Summary

It stipulates that the time of judgment is the standard for the husband's ability to pay, and defines the scope of liabilities for the husband's heir and father-in-law regarding the return of the dowry.

[PAULUS libro septimo ad Sabinum. ] §24.3.15.prRei iudicatae tempus spectatur, quatenus maritus facere potest.
[PAULUS, Book 7 on Sabinus] The time of the judgment is regarded, with respect to how much the husband is able to pay.
§24.3.15.1Heredi mariti, licet in solidum condemnetur, compensationes tamen, quae ad pecuniariam causam respiciunt, proderunt, ut hoc minus sit obligatus, ueluti ob res donatas et amotas et impensas: morum uero coercitionem non habet.
For the heir of the husband, although he may be condemned for the whole amount, compensations nevertheless which look to a pecuniary cause will be of benefit, so that he is bound for that much less, such as on account of things donated, carried away, and expended; however, he does not have the restraint of morals.
§24.3.15.2Socero quoque, cum quo nurus de dote agit, idem honor habetur, ut in id damnetur quod facere potest,
To a father-in-law also, with whom a daughter-in-law sues for a dowry, the same honor is shown, namely, that he is condemned for what he is able to pay.

Notes

  1. §24.3.15.prRei iudicatae tempus — Genitive of res iudicata (judgment). It indicates that the 'time' used as the standard for determining the husband's ability to pay under the beneficium competentiae is the moment when the judgment is rendered.
  2. §24.3.15.1licet in solidum condemnetur — A concessive clause where the conjunction licet (although) takes the subjunctive active present condemnetur. It means that because the heir of the husband does not enjoy the privilege of the 'limit of ability to pay' (beneficium competentiae) that the husband had, he is in principle condemned for the whole amount (in solidum).
  3. §24.3.15.1morum uero coercitionem — Refers to the right of the husband to retain or deduct a portion of the dowry (retentio propter mores) on account of the wife's immoral behavior (such as adultery). Because this right is personal to the husband, it does not pass to his heir.
  4. §24.3.15.2idem honor habetur — Meaning 'the same honor (privilege) is shown.' Here, honor refers to the legal privilege of the 'benefit of competence' (beneficium competentiae), indicating that this privilege also applies to the husband's father (father-in-law) when sued by the daughter-in-law for the return of the dowry.

Cite this passage

Justinian I, The Digest of Justinian §24.3.15.pr-24.3.15.2. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:24.3.15.pr-24.3.15.2

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