[SCAEUOLA libro secundo responsorum. ] §24.3.50.prAestimatis rebus in dotem datis pactum intercessit, ut, ex quacumque causa dos reddi deberet, ipsae res restituerentur habita ratione augmenti et deminutionis uiri boni arbitratu, quae uero non exstarent, ab initio aestimatio earum: quaesitum est, cum res quaedam quas maritus uendiderat exstarent, an secundum pactum et haec ad mulierem pertinerent.
[SCAEVOLA, Book 2 of Opinions.] When estimated things had been given as dowry, an agreement was entered into that, from whatever cause the dowry ought to be returned, the things themselves should be restored, taking into account increase and decrease according to the judgment of an honorable man, but for those which did not exist, their valuation from the beginning should be restored. The question was raised: since certain things which the husband had sold existed, whether according to the agreement these also belonged to the wife.
respondi res quae exstant, si neque uolente neque ratum habente muliere uenissent, perinde reddendas, atque si nulla aestimatio interuenisset.
I answered that the things which exist, if they had been sold without the wife either willing it or ratifying it, should be returned just as if no valuation had taken place.