Humanitext Reader

Justinian I · The Digest of Justinian §24.3.55.pr

Wife's Security for Potential Damage upon Recovery of Dowry

Passage 3647 of 9271 · Latin

Summary

On the obligation of a wife to provide security to her husband when she seeks the return of her dowry, in cases where the husband had given security for potential damage regarding the dowry buildings.

[IDEM libro quinto ad Plautium. ] §24.3.55.prCum mulier de dotis repetitione post solutum matrimonium agit, cauere debet marito, qui aedium nomine damni infecti cauit, si uelit eam recipere, ut periculum mariti amoueat.
[THE SAME, On Plautius, book fifth.] When a woman sues for the return of her dowry after the dissolution of marriage, if she wishes to recover it, she must provide security to her husband—who has given security for potential damage in the name of the buildings—in order to remove the husband's risk.

Notes

  1. §24.3.55.pream — The feminine accusative singular pronoun eam refers to the preceding dos (dowry, feminine singular, here appearing in the genitive dotis), rather than to the plural aedium. Thus, the subject of uelit is the wife (mulier), meaning "if she wishes to recover the dowry."
  2. §24.3.55.prdamni infecti — This refers to the security for potential/threatened damage (cautio damni infecti). If the husband had given this security to a neighbor during the marriage regarding the buildings (aedium) which were part of the dowry, and if the dowry is returned to the wife, the husband would remain liable under his security. Therefore, the wife must provide counter-security to the husband to relieve him of this liability (periculum).

Cite this passage

Justinian I, The Digest of Justinian §24.3.55.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:24.3.55.pr

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