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Justinian I · The Digest of Justinian §24.3.32.pr

Former Husband's Promise of Dowry and Solvency Limits

Passage 3624 of 9271 · Latin

Summary

It explains that if a former husband promises a dowry to a subsequent husband as a debtor of the woman, only the amount within his ability to pay will constitute the dowry.

[IDEM libro secundo ad Urseium Ferocem. ] §24.3.32.prSi prior maritus posteriori dotis nomine tamquam debitor mulieris dotem promiserit, non plus quam id quod facere possit dotis futurum esse.
[THE SAME, Book 2 of Epitomes of Urseius Ferox.] If a former husband, as if he were a debtor of the woman, has promised a dowry to a subsequent husband in the name of a dowry, no more than what he is able to pay will become part of the dowry.

Notes

  1. §24.3.32.prfacere possit — A legal idiom where facere means to perform or pay a debt. facere possit refers to the debtor's actual ability to pay within their financial means, reflecting the legal benefit known as the beneficium competentiae.
  2. §24.3.32.prdotis — A predicative genitive (or genitive of property/partitive genitive) which, together with the infinitive futurum esse, expresses the meaning of "to become part of the dowry" or "to belong to the dowry."

Cite this passage

Justinian I, The Digest of Justinian §24.3.32.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:24.3.32.pr

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