Humanitext Reader

Justinian I · The Digest of Justinian §37.6.4.pr

Dowry Given to a Daughter and the Son's Collatio

Passage 5779 of 9271 · Latin

Summary

Explains that an emancipated son does not need to contribute the dowry given to his daughter, as it is not considered part of his property.

[AFRICANUS libro quarto quaestionum. ] §37.6.4.prFilium emancipatum dotem, quam filiae suae nomine dedit, conferre non debere, quia non, sicut in matris familias bonis esse dos intellegatur, ita et in patris, a quo sit profecta.
[AFRICANUS, from the fourth book of Questions.] An emancipated son ought not to contribute the dowry which he gave on behalf of his daughter, because a dowry is not understood to be in the property of the father from whom it proceeded, in the same way as it is understood to be in the property of a mother of a family.

Notes

  1. §37.6.4.prFilium emancipatum ... non debere — An accusative and infinitive construction of indirect speech, where the main governing verb of saying or answering (such as "respondit" or "ait") is omitted.
  2. §37.6.4.prin patris, a quo sit profecta — The words "bonis esse dos intellegatur" are omitted by ellipsis, parallel to "in matris familias bonis esse dos intellegatur" in the first clause. The relative pronoun "quo" refers to "patris", and "profecta" is the perfect participle of "proficisci" agreeing with "dos".

Cite this passage

Justinian I, The Digest of Justinian §37.6.4.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:37.6.4.pr

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