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Justinian I · The Digest of Justinian §24.3.29.pr-24.3.29.1

Timing of Dowry Stipulation and Third Party Claims

Passage 3621 of 9271 · Latin

Summary

This chunk discusses the timing of a father's stipulation for a dowry and the requirement of his daughter's consent, as well as a third party's right to recover a dowry they provided even if the husband has returned it to the wife.

[IDEM libro tertio disputationum. ] §24.3.29.prQuotiens pater dotem dat et stipulatur, ita demum in suam personam de dote actionem transfert, si ex continenti stipuletur: ceterum si interposito tempore stipulari uelit, non nisi consentiente filia poterit, quamuis in potestate sit, quia deteriorem condicionem in dote filiae facere non potest nisi consentiat.
[THE SAME, Book 3 of the Disputations.] Whenever a father gives a dowry and stipulates for its return, he transfers the action concerning the dowry to his own person only if he stipulates immediately; but if he wishes to stipulate after an interval of time, he can do so only with the consent of his daughter, even though she is under his paternal power, because he cannot make the condition of his daughter's dowry worse unless she consents.
plane si ante nuptias dotem dederit, poterit ex interuallo, ante nuptias tamen, et citra uoluntatem quoque filiae stipulari.
Obviously, if he has given the dowry before the marriage, he will be able to stipulate after an interval, provided it is still before the marriage, and even without the consent of his daughter.
§24.3.29.1Si quis pro muliere dotem dederit conueneritque, ut quoquo modo dirempto matrimonio ipsi solueretur, postea maritus uxori dotem soluerit, rectissime dicetur exactionem nihilo minus ei qui dedit contra maritum competere.
If someone has given a dowry on behalf of a woman and agreed that, in whatever manner the marriage is dissolved, it should be paid to himself, and afterwards the husband has paid the dowry to the wife, it will be most correctly said that the right of action nonetheless belongs to the one who gave it against the husband.

Notes

  1. §24.3.29.prita demum... si — The construction "ita demum... si" strictly limits the condition, meaning "only if..., then...". Here, it indicates that the father transfers the action for the dowry to his own person only if he makes the stipulation immediately (ex continenti) at the time of the gift.
  2. §24.3.29.prdeteriorem condicionem in dote filiae facere — Meaning "to make the condition of the daughter worse in respect of the dowry." If the father attempts to stipulate after an interval after marriage, this would transfer and restrict the right to recover the dowry to himself, thereby altering her legal position to her detriment. Thus, the consent of the daughter is required, even if she is under paternal power.
  3. §24.3.29.1exactionem nihilo minus ei qui dedit contra maritum competere — An accusative with infinitive clause (ACI) depending on the verb "dicetur," where "exactionem" is the subject accusative of the infinitive "competere." It states that despite the husband having paid the wife, the right of action (exactio) against the husband (contra maritum) still belongs (competere) to the third party who gave it (ei qui dedit).

Cite this passage

Justinian I, The Digest of Justinian §24.3.29.pr-24.3.29.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:24.3.29.pr-24.3.29.1

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