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Justinian I · The Digest of Justinian §24.3.6.pr

Pre-Nuptial Delivery of Land and Annual Dowry Computation

Passage 3596 of 9271 · Latin

Summary

This section explains how to compute the year for the dowry when land was delivered before marriage, and the obligation to restore fruits gathered before marriage upon divorce.

[PAULUS libro septimo ad Sabinum. ] §24.3.6.prSi ante nuptias fundus traditus est, ex die nuptiarum ad eundem diem sequentis anni computandus annus est: idem in ceteris annis seruatur, donec diuortium fiat.
[PAULUS libro septimo ad Sabinum.] If the land was delivered before the marriage, the year must be computed from the day of the marriage to the same day of the following year; the same is observed in the other years, until a divorce takes place.
nam si ante nuptias traditus sit et fructus inde percepti, hi restituendi sunt quandoque diuortio facto quasi dotis facti.
For if it was delivered before the marriage and fruits were gathered from it, these must be restored whenever a divorce takes place, as if they had been made part of the dowry.

Notes

  1. §24.3.6.prquasi dotis facti — facti is a perfect participle in the masculine plural nominative, agreeing with the subject hi (fructus), expressing a predicative sense: "as if [the fruits] had been made part of the dowry". dotis is a genitive of property or possession ("of the dowry").
  2. §24.3.6.prfructus inde percepti — The auxiliary verb sint is omitted after percepti, and it should be understood as si... fructus inde percepti [sint] ("if fruits were gathered from it") as part of the conditional clause introduced by si.
  3. §24.3.6.prquandoque diuortio facto — diuortio facto is an ablative absolute construction ("divorce having taken place"), modified by the adverb/conjunction quandoque ("whenever", "at whatever time"), indicating an indefinite future moment when the divorce might occur.

Cite this passage

Justinian I, The Digest of Justinian §24.3.6.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:24.3.6.pr

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