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Justinian I · The Digest of Justinian §24.3.43.pr

Assignment of Actions by Husband for Dowry Restitution

Passage 3635 of 9271 · Latin

Summary

When a husband is ordered to return a dowry to the extent of his financial ability, and his only assets are claims equivalent to the dowry amount, he is required to assign the actions for those claims to the wife.

[SCAEUOLA libro secundo quaestionum. ] §24.3.43.prSi maritus in id quod facere potest condemnatus sit et nomina sint ad dotis quantitatem neque amplius, necesse habebit mandare actiones.
[SCAEVOLA, Book 2 of Questions.] If a husband is condemned to the extent of his ability to pay, and his claims amount to the value of the dowry and no more, he will be obliged to assign his actions.

Notes

  1. §24.3.43.prin id quod facere potest — A technical legal phrase referring to the "privilege of competence" (beneficium competentiae). "in id" indicates the limitation ("to the extent of that"), and "quod facere potest" is a relative clause meaning "which he is able to perform (or pay)."
  2. §24.3.43.prnomina — "nomen" (plural "nomina") is used here in its legal sense meaning "claims" or "debts," referring to the monetary claims that the husband holds against third parties.
  3. §24.3.43.prnecesse habebit mandare — "necesse habere" with an infinitive means "to be obliged to" or "will have to." "mandare actiones" refers to assigning (delegating) the rights of action to collect the claims against third parties to the wife (or the person claiming the dowry).

Cite this passage

Justinian I, The Digest of Justinian §24.3.43.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:24.3.43.pr

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