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Justinian I · The Digest of Justinian §37.7.4.pr

Right of a Daughter to Both Preferential Dowry and Legacy

Passage 5791 of 9271 · Latin

Summary

Explains that if a father promises a dowry for his daughter and later leaves a legacy to her after she is disinherited, or emancipated and passed over, she is entitled to receive both the preferential dowry and the legacy.

[POMPONIUS libro tertio ad Quintum Mucium. ] §37.7.4.prSi pater pro filia dotem promiserit, deinde exheredatae uel etiam emancipatae et praeteritae legatum dederit, habebit filia etiam dotem praecipuam et legatum.
[POMPONIUS, from the third book on Quintus Mucius.] If a father has promised a dowry on behalf of his daughter, and then has given a legacy to her who has been disinherited, or even emancipated and passed over, the daughter will have both the preferential dowry and the legacy.

Notes

  1. §37.7.4.prexheredatae uel etiam emancipatae et praeteritae — These are all perfect participles in the dative feminine singular, modifying the omitted indirect object filiae (to the daughter) of the verb dederit (has given). They refer to specific legal statuses of a daughter in Roman testamentary law: 'disinherited' (exheredata), 'emancipated' (emancipata), and 'passed over / omitted in the will' (praeterita).
  2. §37.7.4.prdotem praecipuam — Refers to a 'preferential dowry' (or pre-legacy of dowry). It denotes a dowry that is not subject to contribution (collatio) for equalizing shares among co-heirs, but can be taken out (praecipere) beforehand from the total estate before the partition of inheritance.

Cite this passage

Justinian I, The Digest of Justinian §37.7.4.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:37.7.4.pr

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