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Justinian I · The Digest of Justinian §25.1.16.pr

Husband's Burden of Harvest Expenses without Deduction

Passage 3675 of 9271 · Latin

Summary

Explains that any expenses incurred for the purpose of gathering fruits must be borne by the husband at his own expense, even if they are also necessary for cultivation and preservation of the property, and cannot be deducted from the dowry.

[IDEM libro sexto membranarum. ] §25.1.16.prEt ante omnia quaecumque inpensae quaerendorum fructuum causa factae erunt, quamquam eaedem etiam colendi causa fiant ideoque non solum ad percipiendos fructus, sed etiam ad conseruandam ipsam rem speciemque eius necessariae sint, eas uir ex suo facit nec ullam habet eo nomine ex dote deductionem.
[THE SAME, Parchments, Book 6] And above all, whatever expenses are made for the sake of gathering fruits, although these same expenses are also made for the sake of cultivation and are therefore necessary not only for gathering fruits but also for preserving the thing itself and its appearance, the husband makes them from his own pocket and has no deduction on that account from the dowry.

Notes

  1. §25.1.16.prquaecumque inpensae ... eas — The relative clause introduced by the relative pronoun `quaecumque` (`quaecumque inpensae ... factae erunt`) is placed at the beginning of the sentence and is resumptively picked up by the demonstrative pronoun `eas` as the direct object of the main clause. This structure emphasizes the general category of expenses made for gathering fruits.
  2. §25.1.16.prex suo — The neuter singular ablative of the possessive adjective `suo` is used substantively, with a noun like `patrimonio` (estate) or `aerario` (treasury) understood. This is a legal idiom meaning that the husband must make the payments "at his own expense."

Cite this passage

Justinian I, The Digest of Justinian §25.1.16.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:25.1.16.pr

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