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Justinian I · The Digest of Justinian §35.2.6.pr

Funeral Expenses Paid by Husband Inheriting from Wife

Passage 5451 of 9271 · Latin

Summary

If a husband inherits from his wife and pays for her funeral, the portion he should contribute from the dowry he retains as profit is deducted, and only the remainder is deemed incurred by him as heir.

[UENULEIUS libro tertio decimo stipulationum. ] §35.2.6.prSi uir uxori heres exstiterit et in funus eius inpenderit, non uidebitur totum quasi heres inpendere, sed deducto eo, quod quasi dotis nomine quam lucri facit conferre debuerit.
[VENULEIUS, from his thirteenth book on Stipulations.] If a husband becomes the heir to his wife and has incurred expenses for her funeral, he will not be deemed to have incurred the whole amount as heir, but with the deduction of that which he ought to have contributed, as it were, under the name of the dowry which he profits by.

Notes

  1. §35.2.6.prdeducto eo, quod — deducto eo is an ablative absolute, where the neuter pronoun eo serves as the antecedent of the relative pronoun quod. It means "with that having been deducted, which...". Here, conferre is used in the sense of "to contribute" or "to share" a portion of the funeral expenses.
  2. §35.2.6.prquam lucri facit — The relative pronoun quam (feminine singular accusative) has dotis (feminine singular genitive) as its antecedent. lucri is a genitive of lucrum, and the phrase lucri facere is an idiomatic expression meaning "to make a profit of" or "to gain" something.

Cite this passage

Justinian I, The Digest of Justinian §35.2.6.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:35.2.6.pr

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