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Justinian I · The Digest of Justinian §34.5.17.pr

Simultaneous Death of Spouses and Prelegacy of Dowry

Passage 5281 of 9271 · Latin

Summary

It indicates that the same rule applies, and the bequest does not take effect, when a dowry has been pre-legated to a wife and she dies at the same time as her husband.

[PAULUS libro duodecimo ad Plautium. ] §34.5.17.prIdem est, si dos uxori praelegata sit et simul cum marito perierit.
[PAULUS, from the twelfth book on Plautius.] It is the same if a dowry has been pre-legated to a wife, and she perishes at the same time as her husband.

Notes

  1. §34.5.17.prperierit — The subject of the verb perierit (from perire, "to perish") is contextually the "wife" (uxor), implied by the preceding dative uxori. While dos (dowry) is grammatically in the nominative, it is the wife who perishes at the same time as her husband.

Cite this passage

Justinian I, The Digest of Justinian §34.5.17.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:34.5.17.pr

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