Legal Definitions - nomine dotis

nomine dotis is a Latin legal term used in historical Scots law that means by way of dowry.

A dowry was traditionally a transfer of property, money, or goods from the bride's family to the groom or his family upon marriage. This provision was often intended to support the bride during her marriage and sometimes after her husband's death, or to establish the new household. When something was given "nomine dotis," it meant it was specifically provided as, or in the nature of, this marriage portion.

Here are some examples to illustrate this concept:

• Example 1: Land Grant

  In the 17th century, a Scottish laird (landowner) might execute a deed transferring a parcel of land to his daughter's future husband. The deed would explicitly state that this transfer was made nomine dotis, signifying that the land was being given as part of his daughter's dowry to help establish the new couple's household and provide for her financial security within the marriage.

  Explanation: This example shows a tangible asset (land) being conveyed with the specific legal designation that it serves as a dowry, directly illustrating the "by way of dowry" meaning.

• Example 2: Marriage Contract Provision

  A formal marriage contract between two prominent families might include a clause detailing financial arrangements. This clause could stipulate that the bride's family would pay a substantial sum of money to the groom's estate, with the contract clearly stating this payment was made nomine dotis. This money would then often be managed for the bride's benefit throughout her married life, ensuring her maintenance and status.

  Explanation: Here, a financial contribution is formally recognized within a contract as being provided specifically as a dowry, highlighting its purpose and legal nature.

• Example 3: Testamentary Bequest

  A wealthy merchant's will might include a provision for his unmarried daughter, stating that a certain amount of money or specific assets should be set aside and transferred to her future husband upon her marriage. The will would specify that this bequest was to be given nomine dotis, ensuring she had a proper marriage portion as was customary for women of her social standing.

  Explanation: This demonstrates a future provision made through a will, explicitly designated as a dowry, showing how the term could apply to planned financial support for a daughter's marriage.