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Justinian I · The Digest of Justinian §3.5.47.pr

Action on Business Managed for Unauthorized Dowry Stipulation

Passage 619 of 9271 · Latin

Summary

This section establishes that if a brother, without his sister's knowledge, stipulates for her dowry from her husband, he can be sued under the action on business managed to release the husband from the obligation.

[PAPINIANUS libro tertio quaestionum. ] §3.5.47.prIgnorante quoque sorore si frater negotium eius gerens dotem a uiro stipulatus sit, iudicio negotiorum gestorum ut uirum liberaret iure conuenitur.
[PAPINIANUS, Questions, Book III]\n\nEven if the sister is ignorant, if a brother, managing her business, has stipulated for the dowry from her husband, he is rightfully sued by the action on business managed in order that he may release the husband.

Notes

  1. §3.5.47.prstipulatus sit — The deponent verb stipulari means 'to stipulate' or 'to exact a promise'. Here, it indicates that the brother obtained a promise regarding the dowry from the husband (a uiro).
  2. §3.5.47.prut uirum liberaret — An ut-clause expressing the purpose or the object of the lawsuit (conuenitur). It means that the brother is sued under the action on business managed so that he may release the husband from the contractual obligation he acquired from him.

Cite this passage

Justinian I, The Digest of Justinian §3.5.47.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:3.5.47.pr

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