Humanitext Reader

Justinian I · The Digest of Justinian §24.3.23.pr

Retention of Dowry Expenses through Plea of Fraud

Passage 3615 of 9271 · Latin

Summary

Paulus states that if any expenses incurred on the dowry are not repaid by the woman, they will be secured or retained by means of the plea of dolo malo.

[PAULUS libro trigesimo sexto ad edictum. ] §24.3.23.prEt si quid in eam dotem impensum est nec a muliere reddetur, per doli mali exceptionem seruabitur.
[PAULUS, Book 36 on the Edict.] And if any expense has been incurred on that dowry and is not repaid by the woman, it will be secured by means of the plea of dolo malo.

Notes

  1. 24.3.23.prquid — This is the indefinite pronoun `aliquid` (something, any expense), which loses its prefix `ali-` when appearing immediately after the conjunction `si`.
  2. 24.3.23.prseruabitur — The subject of the verb `seruabitur` (will be secured/retained) is `quid` (the expense incurred) from the conditional clause. If the woman does not voluntarily repay the expenses incurred by the husband regarding the dowry, the husband can retain that amount by raising the "plea of dolo malo" (`exceptio doli mali`) in the dowry return action.

Cite this passage

Justinian I, The Digest of Justinian §24.3.23.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:24.3.23.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.