The rationale for recovering the entire dower from the wife when the guardian was unaware of the defect.

Primary text

Recovery of the entire dower from the wife is justified because the deception originated from her, analogous to when the guardian was the deceiver. The argument that the husband could not be unaware of obvious defects is rejected, especially concerning defects of the private parts or those hidden beneath clothing, which he is not permitted to view. This situation is treated as if the guardian was someone who did not see her, except in the case of insanity, which is difficult to conceal when the bride is seen. The right of recovery of the full dower is for a different reason than the marriage contract itself, making it distinct from a gift that can be revoked.