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Justinian I · The Digest of Justinian §37.7.3.pr

Collatio Dotis and Possession Contrary to the Will

Passage 5790 of 9271 · Latin

Summary

A daughter appointed as heir does not have to contribute her dowry when receiving possession of goods contrary to the will due to another's claim, as long as she does not obtain additional benefits beyond her original testamentary share. If her share is increased, she must contribute, unless she remains content with her original share.

[ULPIANUS libro quarto disputationum. ] §37.7.3.prSi filia fuerit heres instituta, collatione dotis non fungetur.
[ULPIAN, from the fourth book of Disputations.] If a daughter has been appointed heir, she will not perform the contribution of dowry.
unde si commisso ab altero edicto necesse habuerit contra tabulas bonorum possessionem accipere, dicendum est, quoniam nullam iniuriam fratri facit, non debere eam dotem conferre: nam quod habuit ex iudicio, conuertitur ad contra tabulas bonorum possessionem.
Hence, if, because the edict has been brought into operation by another, she has to receive possession of goods contrary to the will, it must be said that, since she does no injustice to her brother, she ought not to contribute the dowry; for what she had from the judgment is converted into possession of goods contrary to the will.
plane si ex minore parte fuit heres instituta et alia quaedam in eam contulit contra tabulas bonorum possessio aucta portione eius, dicendum erit collationis munere eam fungi, nisi forte contenta fuerit portione, ex qua instituta est: tunc enim dicendum est ex iudicio parentis eam uenientem non debere munus collationis sustinere.
Clearly, if she was appointed heir to a smaller share, and the possession of goods contrary to the will brought other certain things to her by increasing her share, it will have to be said that she must perform the duty of contribution, unless perhaps she has been content with that share for which she was appointed; for then it must be said that, as she comes from the judgment of her parent, she ought not to sustain the duty of contribution.

Notes

  1. §37.7.3.prcommisso ab altero edicto — Ablative absolute. Based on the expression 'edictum committere' (to bring the edict into operation or to satisfy its requirements), meaning here 'because another co-heir has requested the possession of goods contrary to the will under the edict'.
  2. §37.7.3.prex iudicio — Here, 'iudicium' does not mean 'judgment' but refers to the 'testamentary decision (disposition)' of the deceased parent, as also indicated by the later phrase 'ex iudicio parentis'.
  3. §37.7.3.prcontra tabulas bonorum possessio aucta portione eius — This is not an accusative phrase; 'contra tabulas bonorum possessio' (possession of goods contrary to the will) is the subject (feminine nominative singular) of the verb 'contulit'. 'aucta portione eius' (her share having been increased) is an ablative absolute.

Cite this passage

Justinian I, The Digest of Justinian §37.7.3.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:37.7.3.pr

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