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Justinian I · The Digest of Justinian §33.4.13.pr

Validity of Dowry Legacy by Emancipated Husband

Passage 5015 of 9271 · Latin

Summary

Explains that if a son-in-power receives a dowry, subsequently becomes a head of the family, and bequeaths the dowry to his wife, the legacy remains valid even if he does not become his father's heir.

[LABEO libro primo pithanorum a Paulo epitomatorum. ] §33.4.13.prPAULUS: si filius familias, uxorem cum haberet, dotem ab ea acceperat, deinde pater familias factus dotem ei ut solet legauit: quamuis patri heres non erit, tamen id legatum debebitur.
[LABEO, from the first book of the Pithana epitomated by Paulus.] PAULUS: If a son-in-power, while having a wife, had received a dowry from her, and then, having become a head of the family, bequeathed the dowry to her as is customary: even if he will not be an heir to his father, yet that legacy will be due.

Notes

  1. §33.4.13.prquamuis patri heres non erit — The conjunction `quamuis` introducing a concessive clause is used here with the future indicative `erit` instead of the classical subjunctive. This construction is found in legal and post-classical Latin to express a factual or highly probable future situation.
  2. §33.4.13.prsi filius familias... acceperat, deinde... legauit... debebitur — While the conditional clause (`si` clause) states past established facts (pluperfect `acceperat` and perfect `legauit`), the main clause uses the future tense `debebitur` to express the legal conclusion or obligation that will apply henceforth based on those facts.

Cite this passage

Justinian I, The Digest of Justinian §33.4.13.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:33.4.13.pr

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