Justinian I · The Digest of Justinian §31.0.48.pr-31.0.48.1
Offspring of Dowry Slaves and Claims Against Curators
Summary
In 48.pr, it is answered that when a wife chooses to receive back the slaves she gave as a dowry instead of cash, their subsequently born offspring are not included in the legacy. In 48.1, it is ruled that legacies can be claimed from the curator of an insane person, provided that the claimants give security to return them in case of eviction.
[IDEM libro octauo epistuiarum. ] §31.0.48.prLicinnius Lucusta Proculo suo salutem.
[THE SAME, in the eighth book of Epistles.] Licinnius Lucusta to his Proculus, greeting.
Cum faciat condicionem in releganda dote, ut, si mallet uxor mancipia quae in dotem dederit quam pecuniam numeratam, recipere, si ea mancipia uxor malit, numquid etiam ea mancipia, quae postea ex his mancipiis nata sunt, uxori debeantur, quaero.
When a testator makes it a condition in bequeathing a dowry that, if the wife should prefer to receive the slaves whom she had given as dowry rather than cash, and if the wife does prefer those slaves, I ask whether also those slaves who were subsequently born of those slaves are due to the wife.
Proculus Lucustae suo salutem.
Proculus to his Lucusta, greeting.
Si uxor mallet mancipia quam dotem accipere, ipsa mancipia, quae aestimata in dotem dedit, non etiam partus mancipiorum ei debebuntur.
If the wife should prefer to receive the slaves rather than the dowry, the slaves themselves whom she gave as appraised dowry, but not also the offspring of the slaves, will be due to her.
§31.0.48.1Bonorum possessione dementis curatori data legata a curatore, qui furiosum defendit, peti poterunt: sed qui petent, cauere debebunt, si hereditas euicta fuerit, quod legatorum nomine datum sit redditu iri.
When the possession of the property of an insane person has been granted to his curator, legacies can be claimed from the curator who defends the insane person; but those who claim them must give security that, if the inheritance should be evicted, what has been given under the title of legacies will be returned.
Notes
- 31.0.48.prreleganda dote — A gerundive construction in the ablative case, referring to bequeathing or restoring a dowry by will. In Roman law, the verb 'relegare' specifically denotes the husband returning the dowry to the wife via a legacy.
- 31.0.48.1redditu iri — The predicate verb of an accusative-and-infinitive (ACI) construction. It is a manuscript variant or scribal error for the passive future infinitive 'redditum iri'. The subject accusative is the preceding relative clause 'quod legatorum nomine datum sit'. The entire phrase means 'that what has been given under the name of legacies will be returned'.
Cite this passage
Justinian I, The Digest of Justinian §31.0.48.pr-31.0.48.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:31.0.48.pr-31.0.48.1
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