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Justinian I · The Digest of Justinian §33.4.3.pr

Legacy Added to Dowry Implies Bequest of the Dowry

Passage 5005 of 9271 · Latin

Summary

It is explained that when a legacy is left to a wife in addition to her dowry, the husband is deemed to have bequeathed the dowry itself back as well.

[IULIANUS libro trigesimo quarto digestorum. ] §33.4.3.prQui ita legat uxori suae: 'Titiae amplius quam dotem aureos tot heres meus damnas esto dare', manifestus est dotem quoque relegasse.
[JULIANUS, in the thirty-fourth book of the Digests.] He who bequeaths to his wife in this way: 'My heir shall be under obligation to give to Titia so many gold pieces in addition to her dowry', is clearly understood to have bequeathed the dowry back as well.

Notes

  1. §33.4.3.prmanifestus est dotem quoque relegasse — The adjective `manifestus` is used in a personal construction with the perfect infinitive `relegasse` ('he is manifest to have bequeathed back...'), which means 'it is clear that he bequeathed back...'.
  2. §33.4.3.pramplius quam dotem — Meaning 'more than the dowry' or 'in addition to the dowry'. This phrasing is legally interpreted as implying that the legacy of the dowry itself (bequest back) is also intended by the testator, alongside the additional sum.

Cite this passage

Justinian I, The Digest of Justinian §33.4.3.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:33.4.3.pr

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