Paulus, On the Edict, Book XXXVI. The Lex Julia, having reference to land given by way of dowry, sometimes does not apply; for instance, where the husband fails to make provision against threatened injury, and the neighbor is placed in possession of the premises given as dowry, and is afterwards directed to return the same. In this case the neighbor becomes the owner, because the alienation is not a voluntary one. 1Ad Dig. 23,5,1,1Windscheid: Lehrbuch des Pandektenrechts, 7. Aufl. 1891, Bd. III, § 528, Note 7.But it is possible for the entire title to the land to pass to another, as, for instance, to the heir of the husband, but still, with the same condition that it cannot be alienated.

Paulus, On the Edict, Book XXXVI. Where a tract of land is devised to slaves who form part of the dowry, according to the Lex Julia it also becomes dotal. 1Land given as dowry cannot be alienated whenever the wife is entitled to a dotal action, or where one should by all means be brought.

Paulus, On the Edict, Book XXXVI. Where property which has been donated is still in existence, it can also be recovered by a suit; but for the reason that a donation carries with it the right of possession, if the property is not returned, an appraisement for its just value can be made, and security against eviction should be furnished to the possessor for the amount that the property is worth. This opinion was also adopted by Pedius. 1A man sent a ring which belonged to another as a gift to his betrothed, and after the marriage he gave her one of his own instead of it. Certain authorities (Nerva for instance), think that this ring became the property of the woman, because the donation which had been made is held to have been confirmed, and not a new one given. This opinion I think to be correct.

Paulus, On the Edict, Book XXXVI. And where anything has been expended on property belonging to the dowry, and no account is given of the same by the woman, an exception on the ground of bad faith will be available.

Paulus, On the Edict, Book XXXVI. Where a dowry is given to a son under paternal control without the order of his father, an action de peculio will lie; but where expenses have been incurred by the son, or an account of property given by him, or because of articles belonging to the peculium having been appropriated by the wife, the peculium is increased; as the father acquires a right of action derived from the person of his son, and hence everything included in the peculium must be given to the wife, if there still remains anything due to her. 1The husband, when restoring the dowry, must furnish security against fraud and negligence. If he has acted fraudulently to avoid making restitution, judgment shall be rendered against him for the amount which the woman swears to in court, because no one should retain property belonging to us against our consent. 2If the dotal property becomes deteriorated after a divorce, and the husband is in default in returning the dowry, he shall, under all circumstances, be liable for the depreciation in value. 3Where slaves that constitute part of the dowry take to flight, the husband must give security to pursue them, as a good citizen should do, and to restore them. 4Where a husband rents a tract of dotal land for five years, and after the first year a divorce takes place; Sabinus says that he is not obliged to return the land to his wife, unless she gives security to indemnify her husband if judgment should be rendered against him for anything that occurs after the first year of the lease; and he must give security to his wife to pay to her everything which he obtained under the lease, except the rent of the first year.

Paulus, On the Edict, Book XXXVI. Upon the whole the judge shall hold the husband responsible for whatever was omitted by him, to the extent that it was to the interest of his wife to have such expenses incurred, as they are included in those that are necessary, but with this difference, namely: an account of the expenses will be allowed, if the property has not been preserved, and he will not be responsible where they were not incurred, unless the property was destroyed in consequence. Therefore, if he should support a house which is about to fall, and it is burned, he can recover the expenses; but if he did not do this, and the house should be burned, he will not be liable for anything.

Paulus, On the Edict, Book XXXVI. If the property on account of which the expenses were incurred is for sale, such expenses are not classed under the head of pleasure, but of utility.