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Justinian I · The Digest of Justinian §46.3.65.pr

Return of Dowry upon Divorce of an Insane Person's Daughter

Passage 7720 of 9271 · Latin

Summary

This section states that if the daughter of an insane person divorces her husband, the dowry must be returned either to her agnate curator with her consent, or to her with the curator's consent.

[POMPONIUS libro primo ex Plautio. ] §46.3.65.prSi filia furiosi a uiro diuorterit, dictum est uel adgnato curatori uoluntate filiae uel filiae consentiente adgnato solui dotem.
[POMPONIUS, in his first book on Plautius.] If the daughter of an insane person should divorce her husband, it has been held that the dowry is to be paid either to her agnate curator with the will of the daughter, or to the daughter with the consent of the agnate.

Notes

  1. §46.3.65.prdictum est — An impersonal passive construction introducing the following accusative with infinitive clause solui dotem, meaning "it has been held/ruled that..."
  2. §46.3.65.pruoluntate filiae / consentiente adgnato — The former is an ablative noun phrase with a genitive (with the will of the daughter), and the latter is an ablative absolute construction consisting of a noun and a present participle (with the agnate consenting). Although different in grammatical structure, both function as conditional or circumstantial clauses required for the payment.

Cite this passage

Justinian I, The Digest of Justinian §46.3.65.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:46.3.65.pr

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