Humanitext Reader

Justinian I · The Digest of Justinian §33.4.11.pr

Third-Party Dowry Stipulation and Additional Legacy to Husband

Passage 5013 of 9271 · Latin

Summary

In a case where Seia arranged for a third party to stipulate for the return of her dowry upon her death, and later bequeathed additional funds to her husband, the jurist discusses whether the third party can sue the husband and the legal consequences based on the purpose of the stipulation.

[PAULUS libro septimo responsorum. ]
PAULUS, from the seventh book of Opinions.
§33.4.11.prSeia cum nuberet Lucio Titio, dedit dotis nomine centum aureos et adhibuit Quintum Mucium, qui nihil numerauit, sed dotem stipulatus est, si morte mulieris solutum fuerit matrimonium.
When Seia married Lucius Titius, she gave one hundred aurei as dowry and brought in Quintus Mucius, who paid nothing but stipulated for the dowry in the event that the marriage should be dissolved by the death of the woman.
Seia moriens testamento suo ita cauit: 'Lucio Titio marito meo, cui maximas gratias ago, dari uolo super dotem, quam ei dedi, tot aureos'. quaero, cum instituit Lucium Titium conuenire Quintus Mucius ex stipulatu actione, an repellere eum maritus possit ex uerbis testamenti.
Seia, when dying, provided as follows in her will: 'To my husband Lucius Titius, to whom I am extremely grateful, I wish that so many aurei be given in addition to the dowry that I gave him.' I ask: when Quintus Mucius intends to sue Lucius Titius by the action on a stipulation, can the husband bar him by the terms of the will?
respondit, si Quintus Mucius mandante Seia non donationis causa stipulatus est, heredibus mulieris eum teneri et ideo Quintum Mucium exceptione repellendum esse.
He answered: if Quintus Mucius, acting under the mandate of Seia, stipulated not for the purpose of a donation, he is bound to the heirs of the woman, and therefore Quintus Mucius must be barred by an exception.
quod si donationis causa Seia stipulari permississet, uideri eum in eum casum, qui morte mulieris exstitit mortis causa stipulatum: et ideo fidei eius committi potuisse in eum casum dicendum fore.
But if Seia had permitted him to stipulate for the purpose of a donation, he is deemed to have stipulated in contemplation of death (mortis causa) for that event which arose from the death of the woman; and therefore, it must be said that a trust (fideicommissum) could have been committed to his good faith for that event.

Notes

  1. §33.4.11.prstipulatus est — Perfect tense of the deponent verb stipulor. Here, it denotes that the third party, Quintus Mucius, acted as the stipulator (creditor) who exacted a formal promise from the husband to return the dowry to him, rather than promising to do something himself.
  2. §33.4.11.prsuper dotem — The preposition super takes the accusative dotem, meaning 'in addition to the dowry' or 'over and above the dowry,' showing the testatrix's intention to leave an additional bequest beyond the return of the dowry.
  3. §33.4.11.pruideri eum... mortis causa stipulatum — An accusative-and-infinitive (ACI) construction governed by uideri (to be deemed). The subject accusative is eum (Quintus Mucius), and the infinitive is the perfect deponent participle stipulatum [esse] (to have stipulated). mortis causa is an adverbial phrase meaning 'in contemplation of death,' defining the legal nature of the stipulation.
  4. §33.4.11.prfidei eius committi potuisse — The phrase fidei eius committere (to commit to his good faith) is the standard legal formula for creating a testamentary trust (fideicommissum). potuisse is the perfect active infinitive of possum, meaning 'to have been possible,' which is subordinated to the future passive periphrastic dicendum fore (it must be said).

Cite this passage

Justinian I, The Digest of Justinian §33.4.11.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:33.4.11.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.