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Justinian I · The Digest of Justinian §37.7.9.pr

Exemption from Dowry Collation for an Abstaining Daughter

Passage 5796 of 9271 · Latin

Summary

The author presents a rescript of the Divine Marcus stating that a daughter who abstains from her father's inheritance is not compelled to collate her dowry, and explains the resulting legal consequences for both given and promised dowries.

[TRYPHONINUS libro sexto disputationum. ] §37.7.9.prFuit quaestionis, an, si sua heres filia patri cum fratribus contenta dote abstineat se bonis, compellatur eam conferre.
[TRYPHONINUS, Disputations, Book VI.] It was a question whether, if a daughter who is a self-successor to her father along with her brothers should, being content with her dowry, abstain from the estate, she is compelled to collate it.
et diuus Marcus rescripsit non compelli abstinentem se ab hereditate patris.
And the Divine Marcus replied by rescript that one who abstains from her father’s inheritance is not compelled to do so.
ergo non tantum data apud maritum remanebit, sed et promissa exigetur etiam a fratribus et est aeris alieni loco: abscessit enim a bonis patris.
Therefore, not only will the dowry already given remain with the husband, but also that which was promised will be demanded even from the brothers, and it is in the position of a debt; for she has departed from her father’s estate.

Notes

  1. §37.7.9.prfuit quaestionis — A genitive of quality or characteristic with the verb 'esse', meaning 'it was a matter of question' or 'it was questioned'.
  2. §37.7.9.prsua heres — Refers to a 'self-successor' (suus heres) in Roman law: a descendant who was under the paternal power (patria potestas) of the deceased at the time of death and became a household heir immediately upon the ancestor's death.
  3. §37.7.9.pream — Accusative feminine singular demonstrative pronoun referring to the preceding feminine singular noun 'dote' (dowry), serving as the direct object of the infinitive 'conferre'.
  4. §37.7.9.prdata ... promissa — The feminine noun 'dos' (dowry) is understood in both cases, referring respectively to 'dos data' (dowry already given) and 'dos promissa' (dowry promised). 'data' is the subject of 'remanebit', and 'promissa' is the subject of 'exigetur'.

Cite this passage

Justinian I, The Digest of Justinian §37.7.9.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:37.7.9.pr

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