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Krappen, Valentin · 1589

not by annual, biennial, or triennial payments.
LI.
For the sake of demanding the dowry, three actions have been established by civil law: Ex stipulatu from stipulation, Hypothecaria mortgage-based, and Vindicatio legal claim/recovery.
LII.
And in these, the woman has a prerogative, that is, a privilege, in that she is preferred in the recovery of the dotal property over all creditors of the husband, whether prior or posterior, whether they hold a tacit or an express mortgage.
LIII.
Nevertheless, various and manifold causes are found which entirely preclude the path to the reclamation of the dowry. For what if the father has made a pact that, if the daughter dies in marriage, the dowry remains with the husband? For then, without doubt, one must stand by the agreement, which is known to be consistent with the laws.
LIII. Numbering error in original, should be LIIII.
But if he has made no such pact, and the daughter has died in marriage leaving surviving children, the question has been debated for a long time among our own people, and celebrated greatly on account of the disagreement of noble authors: Whether the dowry, having proceeded from the father, should return to the father?