Humanitext Reader

Justinian I · The Digest of Justinian §24.3.20.pr

Receipt of Dowry during Marriage to Support Needy Relatives

Passage 3611 of 9271 · Latin

Summary

Paulus states that if a wife, during her marriage, receives her dowry for honorable purposes such as supporting needy relatives or ransoming them, her receipt and the husband's payment are deemed proper, a rule which also applies to a daughter-in-power.

[PAULUS libro septimo ad Sabinum. ] §24.3.20.prQuamuis mulier non in hoc accipiat constante matrimonio dotem, ut aes alienum soluat aut praedia idonea emat, sed ut liberis ex alio uiro egentibus aut fratribus aut parentibus consuleret uel ut eos ex hostibus redimeret, quia iusta et honesta causa est, non uidetur male accipere et ideo recte ei soluitur: idque et in filia familias obseruatur.
[PAULUS, Book 7 on Sabinus] Although a wife, during the marriage, does not receive the dowry for this purpose, namely to pay her debt or to buy suitable estates, but to consult the interests of her needy children by another husband, or of her brothers, or of her parents, or to ransom them from enemies, because it is a just and honorable cause, she is not deemed to receive it improperly, and therefore payment is properly made to her; and this is observed also in the case of a daughter-in-power.

Notes

  1. §24.3.20.prconstante matrimonio — An ablative absolute construction consisting of the noun matrimonio and the present participle constante (from constare, 'to endure/subsist'), expressing the temporal circumstance 'while the marriage is subsisting'.
  2. §24.3.20.prconsuleret — Governs the dative cases (liberis... fratribus... parentibus) in the sense of 'to consult the interests of, look after'. The imperfect subjunctive is used in the ut clause representing purpose or intention.
  3. §24.3.20.prrecte ei soluitur — soluitur is used as an impersonal passive ('payment is made properly'). ei is the dative of reference indicating the recipient (the wife).

Cite this passage

Justinian I, The Digest of Justinian §24.3.20.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:24.3.20.pr

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