De dotibus positiones L

the dowry is generally to be demanded back.

XLII.

Emperor Justinian, looking out for women, also wished that a dowry consisting of landed property should be restored immediately, as was the case in the past: but that which consisted of movable or incorporeal things should be restored entirely within a year, not on a one-year, two-year, or three-year schedule.

XLIII.

Today, three actions are available for demanding the return of a dowry: the action Ex stipulatu from a formal promise, the Hypothecaria mortgage action, and the Vindicatio legal claim for property.

XLIIII.

Nevertheless, there are many reasons which entirely preclude the way to reclaiming a dowry. For what if a father, fearing that his daughter might die during the marriage, stipulated that the dowry remain with the husband? It is certain that one must stand by the agreement.

XLV.

But if nothing of the sort was stipulated, and the daughter dies during the marriage leaving children, it has been long debated among our jurists whether the dowry should remain with the husband or return to the father. We believe the response of Pomponius should be followed: that the loss of the daughter should be eased by the return of the dowry to the father, provided the dowry originated from him, so that he does not suffer the loss of both his daughter and his money.

XLVI.

Provided that the husband deducts a fifth part for each of the children. This right of retention does not seem to have been abandoned, as attested by Duaren and Antonius Guybertus.

XLVII.

Likewise, there is no place for demanding the return whenever the marriage has been dissolved through the fault of the woman, such as in the case of adultery.

XLVIII.

And this, not ineptly, following the commentator of Canon Law,