Legal Definitions - receptitious

Receptitious

In Roman law, the term receptitious describes specific arrangements concerning property related to marriage. It has two main applications:

• It refers to a dowry (assets a bride brings to her marriage) that is explicitly agreed to be returned to the original donor if the marriage is dissolved.
• It can also describe property that a wife retains as her own, keeping it separate and distinct from the dowry she contributes to the marriage.

Here are some examples to illustrate the concept of receptitious property:

• Example 1 (Returnable Dowry): A wealthy family provides a substantial dowry for their daughter's marriage, consisting of valuable land and a sum of money. As part of the marriage agreement, they stipulate that if the marriage ends in divorce or annulment, these specific dowry assets must be returned to the family who provided them. This dowry is considered receptitious because it is returnable to the original donors upon the dissolution of the marriage, as per the agreed terms.

• Example 2 (Retained Property): Before her marriage, a woman inherits a collection of rare antique jewelry from her grandmother. When she marries, she contributes a separate set of assets, such as a vineyard and a cash sum, as her dowry to her husband. However, she explicitly keeps the antique jewelry collection in her personal possession, ensuring it is not included as part of the dowry. This jewelry collection is receptitious property because it is retained by the wife and remains separate from the assets contributed as her dowry.

• Example 3 (Conditional Returnable Dowry): A bride's godfather, wishing to support her new life, contributes a significant amount of gold coins to her dowry. He includes a specific clause in the marriage contract stating that if the marriage is dissolved within the first five years, his contribution of gold coins must be returned to him. This portion of the dowry is receptitious because it is subject to an agreement for its return to the donor under a specific condition (dissolution within five years).