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Graseck, Paul · 1588

and sealing of three witnesses of proven and upright character: for then it is held to be equivalent to a public one.
LIIII.
Finally, a woman is held to have the same right in the case of a dos dowry. For besides the fact that she has a tacit mortgage on the husband's goods to recover her dowry and its increase, she is also preferred over all other creditors, however prior they may be in time.
LV.
And in this privilege, a woman is set apart from the fiscus public treasury solely by time.
LVI.
And everyone indeed admits that a woman excludes prior holders of tacit mortgages: but whether she also excludes those having prior express mortgages is a matter on which the interpreters contend among themselves, with some subscribing to the negative opinion of Johannes, others to the affirmative of Martinus.
LVII.
We recognize the affirmative opinion of Martinus as the truer one, as it is more consistent with the words and the mind of the Emperor.
LVIII.
However, we believe this only has a place for a dowry that has actually been paid, not one merely promised.