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Justinian I · The Digest of Justinian §5.1.65.pr

Jurisdiction in Husband's Domicile for Dotal Claims

Passage 946 of 9271 · Latin

Summary

It stipulates that a woman must claim the return of her dowry in the place of her husband's domicile, where she was to live, rather than where the dotal instrument was drafted.

[IDEM libro trigensimo quarto ad edictum. ] §5.1.65.prExigere dotem mulier debet illic, ubi maritus domicilium habuit, non ubi instrumentum dotale conscriptum est: nec enim id genus contractus est, ut et eum locum spectari oporteat, in quo instrumentum dotis factum est, quam eum, in cuius domicilium et ipsa mulier per condicionem matrimonii erat reditura.
[THE SAME, in the Thirty-Fourth Book on the Edict.] A woman ought to demand her dowry in the place where her husband had his domicile, not where the dotal instrument was drawn up; for this is not the kind of contract where the place in which the dotal instrument was made should be regarded rather than that in whose domicile the woman herself was to return by the condition of the marriage.

Notes

  1. 5.1.65.pret eum locum ... quam eum — The 'et' in this phrase either functions in place of 'tam' or implies a missing comparative adverb like 'magis' (rather than), corresponding with 'quam' to form a comparative structure. It contrasts the place of the dotal instrument with the husband's domicile. Since the whole clause is negated by 'nec enim', it asserts that the husband's domicile is the one to be prioritized.
  2. 5.1.65.prreditura — The future active participle of the intransitive verb 'redire' (to return, go to), agreeing with the subject 'et ipsa mulier'. Combined with 'erat', it forms a periphrastic conjugation (active future), meaning 'was destined to go' or 'was to move to' the husband's domicile under the condition of the marriage.

Cite this passage

Justinian I, The Digest of Justinian §5.1.65.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:5.1.65.pr

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