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Justinian I · The Digest of Justinian §24.3.27.pr

Claim for Return of Dowry by the Heir after Wife's Death

Passage 3619 of 9271 · Latin

Summary

This section states that if a woman dies after a divorce and her heir sues the husband or his parent for the return of the dowry, the same rules apply as if the woman herself had brought the action.

[GAIUS libro undecimo ad edictum prouinciale. ] §24.3.27.prSi post diuortium mortua muliere heres eius cum uiro parenteue eius agat, eadem uidentur de restituenda dote interuenire, quae ipsa muliere agente obseruari solent.
[GAIUS, Book 11 on the Provincial Edict.] If after a divorce, the woman having died, her heir sues the husband or his parent, the same rules seem to apply regarding the return of the dowry as are accustomed to be observed when the woman herself sues.

Notes

  1. §24.3.27.prparenteue eius — Meaning "or his (the husband's) parent." Here the genitive `eius` refers to `uiro` (the husband), indicating the paterfamilias (usually the father) under whose power the husband lives if he is a filius familias.
  2. §24.3.27.preadem uidentur... interuenire, quae... obseruari solent — The relative pronoun `quae` (neuter plural nominative) has the main clause's subject `eadem` as its antecedent, forming a correlative structure meaning "the same things (rules) seem to apply (intervene) as are accustomed to be observed."
  3. §24.3.27.pripsa muliere agente — An ablative absolute, where `agente` (ablative of the present participle of `agere`) is used in the legal sense of "bringing an action." It stands in contrast to the earlier ablative absolute `mortua muliere`.

Cite this passage

Justinian I, The Digest of Justinian §24.3.27.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:24.3.27.pr

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