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Justinian I · The Digest of Justinian §37.7.2.pr

Collatio of Goods and Dowry by an Adopted Daughter and Her Adoptive Father

Passage 5789 of 9271 · Latin

Summary

This section outlines the obligation of a daughter given in adoption and appointed as heir to contribute her goods and dowry when inheriting from her natural father, and notes that her adoptive father must make this contribution if he is still alive.

[GAIUS libro quarto decimo ad edictum prouinciale. ] §37.7.2.prFilia in adoptionem data et heres instituta debet sic ut emancipata non solum bona sua, sed et dotem, quae ad eam pertinere poterit, conferre.
[GAIUS, from the fourteenth book on the Provincial Edict.] A daughter given in adoption and appointed as heir ought, just like an emancipated daughter, to contribute not only her own goods but also the dowry which may come to belong to her.
si adhuc pater adoptiuus uiuit, hic necesse habebit conferre.
If the adoptive father is still living, he will have to make the contribution.

Notes

  1. §37.7.2.prheres instituta — Meaning "appointed as heir". In this context, it refers to her being appointed as heir (heres) in the will of her natural father (pater naturalis).
  2. §37.7.2.prnecesse habebit — The future tense of the idiom necesse habere (+ infinitive), meaning "will have to" or "will be obliged to". The infinitive conferre (to contribute) is understood from the context. The subject hic refers back to pater adoptivus (adoptive father).

Cite this passage

Justinian I, The Digest of Justinian §37.7.2.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:37.7.2.pr

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