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Justinian I · The Digest of Justinian §24.3.36.pr

Dowry Confiscation and Husband's Liability Limited to Means

Passage 3628 of 9271 · Latin

Summary

Explains that if the husband has insufficient means when the dowry is confiscated by the treasury, he should be condemned to pay only to the extent of his ability to prevent his ruin due to the wife's punishment.

[PAULUS libro secundo de adulteriis. ] §24.3.36.prSi maritus minus facere potest et dos publicata sit, in id quod facere potest fisco maritus condemnandus est, ne in perniciem mariti mulier punita sit.
[PAULUS, Book 2 of On Adulteries.] If the husband has insufficient means and the dowry has been confiscated by the treasury, the husband must be condemned to pay to the treasury only to the extent of his ability, so that the wife may not be punished to the ruin of the husband.

Notes

  1. §24.3.36.prminus facere — The verb "facere" in legal contexts means "to perform an obligation" or "to pay." "minus" means "less," and together the phrase indicates that the husband has insufficient means to pay the full amount.
  2. §24.3.36.prin id quod facere potest — Meaning "to the extent that he is able to pay." "id", the antecedent of the relative pronoun "quod", is in the accusative with the preposition "in" (indicating limit), representing the privilege of competence (beneficium competentiae) which limits the husband's liability to his ability to pay.
  3. §24.3.36.prne in perniciem mariti mulier punita sit — A negative purpose clause introduced by the conjunction "ne". It expresses the legal concern that the punishment (confiscation of dowry) inflicted on the wife for adultery or other offenses should not result in the ruin ("pernicies") of the innocent husband.

Cite this passage

Justinian I, The Digest of Justinian §24.3.36.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:24.3.36.pr

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