Humanitext Reader

Justinian I · The Digest of Justinian §24.3.3.pr

Mutual Consent in the Recovery of Common Dowry

Passage 3593 of 9271 · Latin

Summary

Regarding the dowry common to both father and daughter, the consent of both is required for both demanding and returning it, and neither can worsen the other's position; furthermore, if the money received by the daughter reaches the father, the action for dowry is lost to both.

[PAULUS libro septimo ad Sabinum. ] §24.3.3.prNon solum autem in exigenda, sed etiam in soluenda dote, quae communis est patris et filiae, utriusque uoluntas exquiritur nec alter alterius deteriorem condicionem facere potest.
Moreover, not only in demanding but also in returning the dowry, which is common to the father and the daughter, the will of both is required, and neither can make the other's condition worse.
sed si pecunia ad patrem peruenit, quam filia accepit, actio de dote utrisque tolletur.
But if the money which the daughter received comes to the father, the action for dowry will be lost to both.

Notes

  1. §24.3.3.prin exigenda, sed etiam in soluenda dote — Under the preposition in, the gerundives exigenda and soluenda agree in gender, number, and case with the noun dote (ablative singular), expressing the verbal action of 'demanding and returning the dowry' (a standard gerundive attraction instead of a gerund with an accusative object).
  2. §24.3.3.prutrisque — Dative plural of the pronoun uterque (both). Used in connection with the passive verb tolletur (will be taken away/lost), it functions as a dative of disadvantage or separation, meaning 'the action will be lost to both (taken away from both)'.

Cite this passage

Justinian I, The Digest of Justinian §24.3.3.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:24.3.3.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.