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Justinian I · The Digest of Justinian §24.3.52.pr

Recovery of Unreceived Dowry Mistakenly Paid after Divorce

Passage 3644 of 9271 · Latin

Summary

This text rules that a husband who mistakenly paid a non-received dowry after divorce can recover it, provided he had previously secured himself against its non-payment.

[TRYPHONINUS libro septimo disputationum. ] §24.3.52.prMaritus dotem, quam non accepit, post diuortium per errorem soluit: repetet, quia non numeratam cauerat: exigi enim ab eo non potuit.
[TRYPHONINUS, Book 7 of Disputations.] A husband paid by mistake after a divorce a dowry which he had not received: he can recover it, because he had secured himself against its not having been paid; for it could not have been exacted from him.

Notes

  1. §24.3.52.prrepetet — The third-person singular future active indicative of the verb *repetere* (to recover, demand back). In a legal context, the future tense expresses a legal entitlement or remedy ("he shall/can recover").
  2. §24.3.52.prnon numeratam cauerat — *non numeratam* is a perfect participle (feminine accusative singular) modifying *dotem* (implied), meaning "not paid" or "not counted out". *cauerat* is the pluperfect of *caueo* (to take precautions, secure, or reserve a defense); here it refers to the husband having taken legal precautions beforehand, such as reserving the defense of unpaid dowry (*exceptio non numeratae dotis*).

Cite this passage

Justinian I, The Digest of Justinian §24.3.52.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:24.3.52.pr

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