Legal Definitions - donatio propter nuptias

Donatio propter nuptias

In ancient Roman law, donatio propter nuptias referred to a specific type of gift made by a husband to his wife, typically at the time of their marriage or shortly thereafter. This gift was often intended to be equivalent in value to the dowry (dos) that the wife brought into the marriage from her own family. Like the dowry, the donatio propter nuptias was subject to certain legal conditions, often related to the continuation of the marriage or its dissolution.

• Imagine a prominent Roman citizen, Marcus, marrying Cornelia, whose family provided a substantial dowry of land and gold. To demonstrate his commitment and to provide for Cornelia's financial security within the marriage, Marcus might establish a fund or transfer ownership of a valuable urban property to Cornelia. This gift, the donatio propter nuptias, would be roughly equal in value to her dowry and would be legally tied to their marital union, perhaps stipulating that it would revert to Marcus or his heirs if Cornelia were to initiate a divorce without just cause.

  This illustrates the term because Marcus's gift to Cornelia is made on account of their marriage, matches the value of her dowry, and is subject to conditions related to the marriage's stability.

• Consider a wealthy Roman merchant, Lucius, who marries Julia. Julia's family contributes a significant dowry consisting of several slaves and a sum of silver. In response, Lucius might formally grant Julia a specific amount of money or a productive vineyard as a donatio propter nuptias. This gift would be intended to provide for Julia's personal expenses or to contribute to the household's upkeep, mirroring the financial contribution her dowry represented. The legal arrangement might specify that this gift would remain hers as long as the marriage endured, but could be reclaimed by Lucius if the marriage ended due to her infidelity.

  Here, Lucius's gift to Julia is directly linked to their marriage, serves a similar purpose to her dowry by providing for her and the household, and is conditional upon the marital bond.