Legal Definitions - dos

In ancient Roman law, dos referred to a specific type of gift, essentially a dowry, provided to a husband by or on behalf of his wife. Its primary purpose was to contribute to the financial expenses of the couple's shared household and to provide for the wife's future security within the marriage. This gift was typically made before the marriage, contingent upon the marriage taking place, but could also be established or increased after the wedding.

There were different categories of dos based on its origin and specific conditions:

• Dos profectitia: This was a dowry provided by the bride's father or by the bride herself.
• Dos adventitia: This category applied when the dowry was furnished by someone other than the bride or her father, such as a mother, guardian, or another relative.
• Dos receptitia: This term described any dowry (whether profectitia or adventitia) that included a special agreement or stipulation for it to be returned to the giver if the marriage were to end.

Here are some examples illustrating the concept of dos:

• Example 1 (Dos profectitia): When a Roman citizen, Lucius, was preparing to marry Cornelia, the daughter of a prominent senator, Cornelia's father arranged for a substantial sum of money and several plots of agricultural land to be transferred to Lucius. This transfer was documented as Cornelia's dos, intended to help Lucius manage their new household and maintain their social standing. This is an example of dos profectitia because the dowry was provided directly by the bride's father.

• Example 2 (Dos adventitia): A young woman named Flavia, whose parents had passed away, was raised by her wealthy maternal uncle. When Flavia became engaged to a promising young architect, her uncle, acting as her guardian, provided a significant amount of gold and a city villa as her dos to her future husband. This arrangement ensured Flavia's financial contribution to the marriage. This illustrates dos adventitia because the dowry was provided by someone other than Flavia's father or herself.

• Example 3 (Dos receptitia): A Roman merchant, Gaius, was arranging the marriage of his daughter, Livia, to a ship owner. Gaius provided a valuable cargo ship as Livia's dos to her husband. However, Gaius insisted on a specific clause in the marriage contract stating that if the marriage were to dissolve for any reason, the cargo ship, or its equivalent value, must be returned to him. This is an example of dos receptitia because it included a clear stipulation for the return of the dowry upon the marriage's termination.