Humanitext Reader

Justinian I · The Digest of Justinian §24.3.41.pr

Recovery of Dowry Paid in Ignorance of Divorce

Passage 3633 of 9271 · Latin

Summary

It is ruled that if a father pays a dowry in ignorance of his daughter's divorce, the recovery of the money must be sought through the action on dowry rather than the action for recovery of what was not due.

[IDEM libro trigesimo septimo quaestionum. ] §24.3.41.prSi pater ignorans filiam diuortisse dotem ex causa promissionis numerauit, non per indebiti condictionem, sed de dote actione pecunia petetur.
[THE SAME, Book 37 of Questions.] If a father, not knowing that his daughter had divorced, paid the dowry on the basis of a promise, the money shall be claimed not through an action for recovery of what was not due, but by the action on dowry.

Notes

  1. §24.3.41.prfiliam diuortisse — An accusative with infinitive construction dependent on the present participle `ignorans` (where `filiam` is the subject accusative and `diuortisse` is the perfect infinitive), expressing the father's ignorance of the completed fact of the divorce.
  2. §24.3.41.prnon per indebiti condictionem, sed de dote actione — A contrast of legal remedies. It states that the proper remedy is not the `condictio indebiti` (recovery of an undue payment, here expressed with `per` + accusative) but the `actio de dote` (the specific action for dotal recovery, expressed by the ablative phrase `de dote actione`).

Cite this passage

Justinian I, The Digest of Justinian §24.3.41.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:24.3.41.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.