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Justinian I · The Digest of Justinian §24.3.63.pr

Consent to Manumit a Dotal Slave as a Gift and Dowry Exclusion

Passage 3655 of 9271 · Latin

Summary

Paulus explains that a wife's permission for her husband to manumit a dotal slave constitutes a form of donation, resulting in the slave ceasing to be part of the dowry.

[PAULUS libro secundo ad legem Iuliam et Papiam. ] §24.3.63.pret desinit seruus in dote esse, quia, cui manumittendi causa donare liceret, ei quodammodo donaret, quod permitteret manumittere.
[PAULUS, On the Lex Iulia et Papia, book 2.] And the slave ceases to be part of the dowry, because, to whom it was permitted to make a donation for the purpose of manumission, to him she made, in a way, a donation by permitting him to manumit.

Notes

  1. §24.3.63.prcui... liceret, ei — The relative clause 'cui manumittendi causa donare liceret' is placed before its antecedent 'ei' (the indirect object of 'donaret'). This refers to the husband, to whom donation was exceptionally permitted for the purpose of manumission, despite the general prohibition on donations between spouses.
  2. §24.3.63.prquod permitteret manumittere — 'quod' is a conjunction introducing a clause of fact or ground ('by the fact that', 'in that'). The subject of 'permitteret' is the wife (mulier), and the implied subject of 'manumittere' is the husband (uir); thus, the phrase means 'by the fact that she permitted him to manumit.'

Cite this passage

Justinian I, The Digest of Justinian §24.3.63.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:24.3.63.pr

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