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Justinian I · The Digest of Justinian §48.20.10.pr-48.20.10.1

Claims and Recovery of Dowry upon the Father's Condemnation

Passage 8434 of 9271 · Latin

Summary

Macer explains the husband's claim to the promised dowry when the father is condemned, as well as the ownership of the right to recover the dowry when the father is condemned after the dissolution of the marriage.

[MACER libro. ] §48.20.10.prEtiam si pater, cum pro filia dotem promisisset, condemnatur, uir eam ex bonis eius a fisco petit.
[MACER, from his Book.] Even if a father, after having promised a dowry for his daughter, is condemned, the husband claims it from the treasury out of his property.
§48.20.10.1Si post solutum matrimonium filiae pater condemnatur, si quidem postquam filia ei consensit de dote repetenda, fiscus a marito eam repetit: si antequam consentiret ei, condemnatus est, ipsa repetitionem habet.
If a father is condemned after the dissolution of his daughter's marriage, if indeed this happens after the daughter gave her consent to him concerning the recovery of the dowry, the treasury recovers it from the husband; but if he was condemned before she gave her consent to him, she herself has the right of recovery.

Notes

  1. §48.20.10.prex bonis eius — The pronoun eius refers to the father (pater), the subject of the conditional clause, rather than the husband (uir), the subject of the main clause. It indicates that the husband can claim the promised dowry from the treasury (fiscus) out of the confiscated property of the father.
  2. §48.20.10.1ei — The dative complement of the verbs consensit and consentiret, referring to the father (pater). It means that the daughter gave consent (or delegated authority) to her father regarding the recovery of the dowry, which would normally belong to her after the dissolution of the marriage.
  3. §48.20.10.1de dote repetenda — A gerundive construction where the feminine singular ablative noun dote agrees with the gerundive repetenda, governed by the preposition de, expressing the nominal concept of "concerning the recovery of the dowry."

Cite this passage

Justinian I, The Digest of Justinian §48.20.10.pr-48.20.10.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:48.20.10.pr-48.20.10.1

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