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Justinian I · The Digest of Justinian §24.3.65.pr

Wife's Action for Recovery of Dowry during Marriage

Passage 3657 of 9271 · Latin

Summary

This section states that the action for the return of the dowry is available to the wife even during the subsistence of the marriage.

[SCAEUOLA libro singulari quaestionum publice tractatarum. ] §24.3.65.prHaec actio etiam constante matrimonio mulieri competit.
[SCAEVOLA, On Questions Publicly Discussed, single book.] This action is available to the woman even while the marriage is still subsisting.

Notes

  1. §24.3.65.prconstante matrimonio — An ablative absolute construction consisting of constante, the present participle of the intransitive verb constare (to subsist, remain), and the ablative of the noun matrimonium (marriage), meaning "while the marriage is still subsisting." Although the action for the return of the dowry (actio rei uxoriae) is typically initiated upon the dissolution of marriage, this phrase indicates that under certain exceptional circumstances, it can be available during the marriage.

Cite this passage

Justinian I, The Digest of Justinian §24.3.65.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:24.3.65.pr

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