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Justinian I · The Digest of Justinian §45.3.8.pr

Promise of a Dowry to a Common Slave for a Master's Marriage

Passage 7516 of 9271 · Latin

Summary

Illustrates that if a common slave is promised a dowry when one of his masters is about to marry, the right is acquired solely for that marrying master.

[GAIUS libro singulari de casibus. ] §45.3.8.prItem si alter ex dominis uxorem ducturus sit et huic seruo dos promittatur.
[GAIUS, from the single book on cases.] Likewise, if one of the masters is about to take a wife, and a dowry is promised to this slave [it is acquired for him alone].

Notes

  1. §45.3.8.prItem si — The sentence consists only of a conditional `si`-clause, with the apodosis omitted. Inheriting the context from the end of the previous fragment (45.3.7.1)—which establishes that a right which cannot be acquired for both co-owners is acquired only for the one who can receive it—the apodosis 'it is acquired for that master alone' (*ei soli adquiratur*) is understood as self-evident.
  2. §45.3.8.pruxorem ducturus sit — An active periphrastic conjugation (conjugatio periphrastica activa) combining the future active participle `ducturus` (from `ducere`, to marry) and the present subjunctive `sit` of `esse`. Within the conditional clause, it expresses an imminent plan or intention ('is about to marry / is going to take a wife').

Cite this passage

Justinian I, The Digest of Justinian §45.3.8.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:45.3.8.pr

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