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Justinian I · The Digest of Justinian §24.3.30.pr-24.3.30.1

Remarried Wife's Dowry Claim and Husband's Fault in Collection

Passage 3622 of 9271 · Latin

Summary

This text discusses a remarried woman's right to claim her dowry from her former husband and the extent of the husband's liability when a dowry was not collected due to his fault.

[IULIANUS libro sexto decimo digestorum. ] §24.3.30.prNupta non impeditur, quo minus cum priore marito de dote experiatur.
[JULIANUS, Book 16 of the Digests.] A married woman is not prevented from bringing an action against her former husband concerning her dowry.
§24.3.30.1Quotiens culpa uiri accidit, ne dos a socero aut a quolibet alio, qui mulieris nomine promiserat, exigeretur: si aut in matrimonio filia decesserit aut mater familias facta eum qui dotem repromiserat heredem instituerit, satis constat nihil amplius uirum praestare debere, quam ut eos obligatione liberet.
Whenever it happens through the fault of the husband that the dowry was not exacted from the father-in-law or from anyone else who had promised it on behalf of the woman: if either the daughter dies during the marriage, or, having become the mistress of a household, she appoints the one who had promised the dowry as her heir, it is well established that the husband is bound to perform nothing more than to release them from their obligation.

Notes

  1. §24.3.30.prNupta — Although it generally means 'a married woman' or 'wife', in this context, in contrast with 'priore marito' (former husband), it refers specifically to a woman who has remarried after a divorce.
  2. §24.3.30.prquo minus — A conjunction phrase introducing a subjunctive clause (experiatur) after the verb of prevention (impeditur), meaning 'from doing' or 'lest she do'.
  3. §24.3.30.1ne dos a socero... exigeretur — A subjunctive clause explaining the consequence of 'accidit' (it happened), indicating that due to the husband's fault (culpa uiri), the dowry was not exacted.
  4. §24.3.30.1nihil amplius uirum praestare debere, quam ut eos obligatione liberet — A comparative construction of limitation ('nothing more... than to...'). 'eos' refers to those who had promised the dowry (the father-in-law or others), and the husband's only remaining duty is to release them from their obligation.

Cite this passage

Justinian I, The Digest of Justinian §24.3.30.pr-24.3.30.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:24.3.30.pr-24.3.30.1

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