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Justinian I · The Digest of Justinian §24.3.60.pr

Immediate Recovery of Funeral Expenses from Dowry

Passage 3652 of 9271 · Latin

Summary

Proculus explains that if a daughter-in-power dies while married and her father pays for her funeral, he can immediately recover the funeral expenses through an action, even if the rest of the dowry is not yet due to be returned.

[PROCULUS libro quinto epistularum. ] §24.3.60.prSi filia familias nupta decesserit et pater funus ei fecerit, tametsi ei dotem post aliquod tempus gener reddere deberet, tamen continuo socer agendo consequetur, ut impensam funeris praesentem recipiat, cetera dotis statuto tempore soluantur.
[PROCULUS, Epistles, book 5.] If a daughter-in-power dies while married and her father conducts her funeral, even though the son-in-law is bound to return the dowry to him after some period of time, nevertheless the father-in-law will, by bringing an action, immediately achieve that he receives the funeral expenses at once, and that the rest of the dowry is paid at the appointed time.

Notes

  1. §24.3.60.pragendo — A gerund in the ablative case expressing means ("by bringing an action"). In legal contexts, the verb 'agere' means to bring a legal action.
  2. §24.3.60.prconsequetur, ut — The construction 'consequi ut' (+ subjunctive) means 'to achieve that' or 'to obtain the result that'. Here, the 'ut' clause contains two coordinated clauses ('recepiat' and 'soluantur') representing the outcome obtained.
  3. §24.3.60.prcetera dotis — The neuter plural nominative 'cetera' is used substantively to mean 'the remaining parts', with the genitive 'dotis' depending on it as a partitive genitive. It serves as the subject of the plural verb 'soluantur'.

Cite this passage

Justinian I, The Digest of Justinian §24.3.60.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:24.3.60.pr

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