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Justinian I · The Digest of Justinian §24.3.37.pr

Presumption of Daughter's Consent to Father's Dowry Recovery

Passage 3629 of 9271 · Latin

Summary

It is stated that a father is deemed to have recovered a dowry with his daughter's consent if she had no reason to object and was later endowed by him with a larger sum.

[ULPIANUS libro secundo responsorum. ] §24.3.37.prDotem uoluntate filiae uideri patrem recepisse, cum causas contradicendi ei filia non haberet, maxime cum ab eo postea ampliore summa dotata sit.
[ULPIANUS, Book 2 of Responses.] The father is deemed to have recovered the dowry with the consent of the daughter, since the daughter had no reason to oppose him, especially since she was afterwards endowed by him with a larger sum.

Notes

  1. §24.3.37.pruideri patrem recepisse — An accusative and infinitive (AcI) construction dependent on an implied main verb of replying (such as *respondit*), typical of juristic responses. `patrem` is the subject accusative of the perfect infinitive `recepisse`, both of which depend on `uideri` ('to be deemed').
  2. §24.3.37.prcontradicendi ei — `contradicendi` is a gerund in the genitive modifying `causas`. `ei` is a dative pronoun governed by the verb `contradicere` (to object to / oppose) and refers in this context to the father (`patrem`).

Cite this passage

Justinian I, The Digest of Justinian §24.3.37.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:24.3.37.pr

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