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Justinian I · The Digest of Justinian §46.3.45.pr-46.3.45.1

Dowry Restitution in Money and Payments to an Accused Tutor

Passage 7700 of 9271 · Latin

Summary

The jurist explains that even if a husband agreed to return a dowry through specific property, payment of its monetary value is sufficient, and that valid payment can be made to a tutor continuing their duties even if they face a capital charge.

[ULPIANUS libro primo responsorum. ] §46.3.45.prCallippo respondit, quamuis stipulanti uxori uir spoponderit dirempto matrimonio praedia, quae doti erant obligata, in solutum dare, tamen satis esse offerri dotis quantitatem.
[ULPIANUS in the first book of Responses.] He replied to Callippus that, although the husband, upon the dissolution of the marriage, promised his wife who stipulated for it that he would give in lieu of payment the estates which had been obligated for her dowry, it is nevertheless sufficient for the amount of the dowry to be offered.
§46.3.45.1idem Frontoni respondit perseueranti tutori in tutelae administratione, licet capitis reo, potuisse id, quod pupillo bona fide debetur, exsolui.
The same jurist replied to Fronto that payment could be made to a tutor who continues in the administration of the guardianship, even if he is accused of a capital crime, of that which is owed to the ward in good faith.

Notes

  1. §46.3.45.prstipulanti uxori uir spoponderit — The present participle stipulanti (from stipulor, to stipulate) agrees with uxori and depends on the verb spoponderit (from spondeo, to promise). This reflects the reciprocal structure of the oral contract (stipulatio) in Roman law, meaning 'the husband promised to the wife who stipulated for it.'
  2. §46.3.45.1licet capitis reo — The conjunction licet (although / even if) introduces the dative phrase capitis reo, which is in apposition to the preceding dative tutori. capitis is a genitive of charge modifying reo (from reus, accused), referring to crimes involving one's caput (life, liberty, or citizenship), meaning 'even if he is accused of a capital crime.'

Cite this passage

Justinian I, The Digest of Justinian §46.3.45.pr-46.3.45.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:46.3.45.pr-46.3.45.1

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