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Justinian I · The Digest of Justinian §24.3.51.pr

Husband's Risk for Deterioration of Appraised Dowry by Wife's Use

Passage 3643 of 9271 · Latin

Summary

Explains that even if estimated dotal property deteriorates through use by the wife, the risk of such deterioration is borne by the husband.

[HERMOGENIANUS libro secundo iuris epitomarum. ] §24.3.51.prAestimatae res usu etiam mulieris periculo mariti deteriores efficiuntur.
[HERMOGENIANUS, Book 2 of the Epitome of Law.] Estimated things, even through use by the wife, deteriorate at the risk of the husband.

Notes

  1. 24.3.51.prusu etiam mulieris periculo mariti — Construed as "even by the use of the wife (usu etiam mulieris), at the risk of the husband (periculo mariti)". Since the ownership of estimated dotal property (aestimatae res) is transferred to the husband (analogous to a sale), the risk (periculum) of deterioration is borne by the husband, even if caused by the wife's own use.

Cite this passage

Justinian I, The Digest of Justinian §24.3.51.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:24.3.51.pr

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