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Justinian I · The Digest of Justinian §24.3.59.pr

Malicious Divorce and the Father's Action for Dowry

Passage 3651 of 9271 · Latin

Summary

In a case where a husband maliciously sent a divorce notice to his ill daughter to avoid returning the dowry to her father, Sabinus and Gaius opinioned that an equitable action (utile iudicium) for recovering the dowry should be granted to the father.

[IULIANUS libro secundo ad Urseium Ferocem. ] §24.3.59.prFiliae meae emancipatae et aegrae uir in hoc repudium misit, ut mortua ea dotem potius heredibus eius quam mihi redderet.
[IULIANUS, On Urseius Ferox, book 2.] The husband sent a divorce notice to my emancipated and ill daughter with this intent, that upon her death he might return the dowry to her heirs rather than to me.
Sabinus dicebat utile mihi eius dotis reciperandae iudicium dandum esse: Gaius idem.
Sabinus used to say that an equitable action for recovering that dowry ought to be given to me; Gaius was of the same opinion.

Notes

  1. §24.3.59.prin hoc ... ut ... redderet — in hoc is a demonstrative phrase (ablative of cause/purpose) anticipating the following ut clause. The subject of redderet is uir (the husband), indicating his intention to alter the recipient of the dowry from the father (me) to the daughter's heirs upon her death by initiating the divorce.
  2. §24.3.59.prdotis reciperandae iudicium — dotis reciperandae is a gerundive construction in the genitive modifying iudicium ('an action for recovering the dowry'). utile iudicium (an equitable or analogous action) refers to an action granted by the praetor on grounds of equity in cases where the strict civil law requirements are not met but a similar remedy is warranted.
  3. §24.3.59.prGaius idem — An ellipsis of a verb of speaking or thinking, such as dicebat or sensit. It means 'Gaius said/thought the same thing'.

Cite this passage

Justinian I, The Digest of Justinian §24.3.59.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:24.3.59.pr

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