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Justinian I · The Digest of Justinian §34.5.16.pr-34.5.16.1

Simultaneous Death and the Dowry Restitution Stipulation

Passage 5280 of 9271 · Latin

Summary

This section discusses the validity of a dowry restitution stipulation when a mother and daughter die simultaneously, and whether a stranger's action is transmitted to their heir in a similar situation.

[IDEM libro tertio regularum. ] §34.5.16.prQuod de pariter mortuis tractamus, et in aliis agitatum est.
[BY THE SAME AUTHOR, from the third book of his Rules.] The rule which we discuss concerning those who die at the same time has also been agitated in other cases.
ut ecce si mater stipulata est dotem a marito mortua filia in matrimonio sibi reddi et simul cum filia perit, an ad heredem matris actio ex stipulatu competere? et diuus Pius rescripsit non esse commissam stipulationem, quia mater filiae non superuixit.
For example, if a mother has stipulated with her husband that the dowry should be returned to her in the event of her daughter's death during the marriage, and she perishes at the same time as her daughter, does an action on the stipulation belong to the heir of the mother? And the deified Pius issued a rescript that the stipulation did not take effect, because the mother did not survive her daughter.
§34.5.16.1Item quaeritur, si extraneus, qui dotem stipulatus est, simul cum marito decesserit uel cum ea, propter quam stipulatus esset, an ad heredem suum actionem transmittat.
It is likewise asked, if a stranger who has stipulated for a dowry should die at the same time as the husband, or at the same time as the woman on whose account he had made the stipulation, whether he transmits the action to his heir.

Notes

  1. §34.5.16.prcompetere — Although the manuscript reads the infinitive `competere`, in this context it is interpreted as equivalent to the subjunctive `competat` introducing an indirect question, asking whether the action belongs to the heir.
  2. §34.5.16.prnon esse commissam stipulationem — `committere` refers to the fulfillment of a condition in a stipulation (stipulatio) that gives rise to the actual obligation. Here, it means the stipulation did not take effect because the condition of the mother surviving the daughter's death during marriage was not met due to their simultaneous death.

Cite this passage

Justinian I, The Digest of Justinian §34.5.16.pr-34.5.16.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:34.5.16.pr-34.5.16.1

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