[HERMOGENIANUS libro tertio iuris epitomarum. ] §34.9.20.prEi, qui mortem uxoris non defendit, ut indigno dos aufertur.
From him who does not defend the death of his wife, the dowry is taken away as from one unworthy.
Justinian I · The Digest of Justinian §34.9.20.pr
Deprivation of Dowry for Neglect in Avenging Wife's Death
Summary
It states that a husband who fails to legally defend or avenge the death of his wife is deprived of the dowry as being unworthy.
Notes
- §34.9.20.prEi ... aufertur — The dative pronoun Ei is used with the verb of taking away (aufertur) to indicate the person from whom something is taken (dative of separation).
- §34.9.20.prmortem ... defendit — Here, defendere does not mean "preventing death" while she was alive, but rather refers to taking legal actions to avenge her death, such as prosecuting or accusing the murderers after she has died.
- §34.9.20.prut indigno — The dative adjective indigno agrees in case, gender, and number with the antecedent pronoun Ei. The particle ut introduces a characterization ("as one unworthy"), indicating the legal ground of unworthiness (indignitas) for which the dowry is confiscated.
Cite this passage
Justinian I, The Digest of Justinian §34.9.20.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:34.9.20.pr
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