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Justinian I · The Digest of Justinian §24.3.46.pr

Dowry Action When a Conditional Bequest Is Not Obtained

Passage 3638 of 9271 · Latin

Summary

A response stating that if a wife is unable to take bequests left to her on the condition of not demanding her dowry, she should not be denied her dowry action against the husband's heirs.

[IDEM libro nono decimo quaestionum. ] §24.3.46.prQui dotem stipulanti uxori promiserat, eidem testamento quaedam legauerat, ita tamen, ne dotem ab heredibus peteret: ea, quae legata erant, uxor capere non potuerat.
[THE SAME, Book 19 of Questions.] A husband who had promised a dowry to his wife who stipulated for it, had bequeathed certain things to the same wife in his will, but on the condition that she should not demand the dowry from the heirs. The wife had been unable to take what had been bequeathed.
respondi dotis actionem mulieri aduersus heredes non esse denegandam.
I answered that the dowry action should not be denied to the woman against the heirs.

Notes

  1. §24.3.46.prita tamen, ne — Meaning "on the condition, however, that ... not". It indicates a restrictive condition or clause attached to the legacy, requiring the wife to waive her claim for the dowry.
  2. §24.3.46.prcapere — The verb capere here is used in its technical legal sense of "acquiring" or "taking" a legacy under a will, referring to the legal capacity (capacitas) to receive a bequest, rather than a mere physical receipt.

Cite this passage

Justinian I, The Digest of Justinian §24.3.46.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:24.3.46.pr

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