De adulteriis libri
Ex libro V
Ulpianus, On Adultery, Book V. If a husband should be reduced to slavery, cannot his owner alienate his land? I think the better opinion is that he cannot. Wherefore, if the property of the husband should be confiscated, the sale of the land would, nevertheless, be prevented; even though the Treasury is always held to be a good and solvent successor.
The Same, On Adultery, Book V. Freedom from a servitude due to an urban estate subject to dowry cannot be granted by the husband, for fear that by this the condition of the property may be deteriorated.
Ulpianus, On Adultery, Book V. We should understand dotal land to include both that situated in town and country, for the Lex Julia had reference to every kind of buildings. 1The term “land” also applies to a portion of the tract, hence, whether the entire tract has been given as dowry, or only a part of the same, it cannot be alienated. This is the law at present. 2We understand the term “dotal land” to refer to that of which the ownership is acquired by the husband, so that then only is he forbidden to alienate it. 3The same relief is granted by the law to the heir of the wife, as is granted to the wife herself. 4Where a wife is appointed heir to her husband, and the land belonging to the dowry is bequeathed, if, after the deduction of the legacy, the woman should have an amount of interest in the estate equal in value to the dowry, the legacy will be valid. The question arises whether it will be valid if the amount should be less. Scævola says that a portion can be recovered, if not all of it, if a certain amount is lacking to make up the dowry; and that only that much will remain in the hands of the woman which is required to supply the deficiency.