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Justinian I · The Digest of Justinian §37.7.7.pr

Inheritance under Different Titles and Collation of Dowry

Passage 5794 of 9271 · Latin

Summary

Paulus rules that the daughter is not required to collate her dowry to her brothers, as they became co-heirs under different legal bases.

[PAULUS libro undecimo responsorum. ] §37.7.7.prnec ipsa dotem fratribus suis conferet, cum diuerso iure fratres sunt heredes.
[PAULUS, Opinions, Book XI.] Neither shall she herself collate her dowry to her brothers, since the brothers are heirs under a different legal basis.

Notes

  1. §37.7.7.prconferet — Third-person singular future active indicative of the verb conferre (to collate). Here it expresses a legal rule or consequence: "she shall not be required to collate."
  2. §37.7.7.prcum diuerso iure fratres sunt heredes — The conjunction cum here introduces a causal clause ("since"), taking the indicative (sunt) to emphasize the factual state, which is common in juristic Latin. Diuerso iure is an ablative of cause or manner, referring to the fact that the daughter became an heir through her successful lawsuit (equivalent to intestate succession) whereas her brothers did so via the will.

Cite this passage

Justinian I, The Digest of Justinian §37.7.7.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:37.7.7.pr

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