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Justinian I · The Digest of Justinian §24.3.9.pr

Husband's Liability and Fruits During Wife's Mora Accipiendi

Passage 3600 of 9271 · Latin

Summary

This section provisions that if there is a default on the part of the wife in receiving her dowry, the husband is liable only for fraud and not for negligence, so that he is not forced to cultivate her land indefinitely, though any fruits actually received must be returned.

[POMPONIUS libro quarto decimo ad Sabinum. ] §24.3.9.prSi mora per mulierem fuit, quo minus dotem reciperet, dolum malum dumtaxat in ea re, non etiam culpam maritus praestare debet, ne facto mulieris in perpetuum agrum eius colere cogatur: fructus tamen, qui peruenissent ad uirum, redduntur.
[POMPONIUS, Book 14 on Sabinus] If there was default on the part of the woman preventing her from receiving the dowry, the husband ought to be liable in that matter only for fraud, and not also for negligence, lest by the act of the woman he be compelled to cultivate her land forever; nevertheless, the fruits that had come into the hands of the husband are to be restored.

Notes

  1. §24.3.9.prmora per mulierem fuit, quo minus dotem reciperet — The prepositional phrase `per mulierem` indicates the source of responsibility or cause ("on the part of the woman", "due to the woman") modifying `mora fuit` (there was a default). The conjunction `quo minus` introduces a clause of prevention or hindrance ("preventing her from receiving the dowry").
  2. §24.3.9.prdolum malum dumtaxat in ea re, non etiam culpam maritus praestare debet — In the context of determining the scope of liability (praestare) in Roman law, this indicates that as a result of the creditor's default (mora creditoris), the debtor's (here, the husband's) liability is mitigated, freeing him from liability for negligence (culpa) and limiting it strictly to fraud or willful misconduct (dolus malus).

Cite this passage

Justinian I, The Digest of Justinian §24.3.9.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:24.3.9.pr

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