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Justinian I · The Digest of Justinian §32.0.88.pr-32.0.88.3

Claims and Identity of Bequeathed Materials after Processing or Demolition

Passage 4912 of 9271 · Latin

Summary

This section discusses whether a legatee can claim products made from bequeathed raw materials or the materials of a broken-up ship, based on the concepts of identity and reversibility of the objects.

[IDEM libro quinto ad legem Iuliam et Papiam. ] §32.0.88.prLana legata uestem, quae ex ea facta sit, deberi non placet.
[THE SAME, from his fifth book on the Lex Iulia et Papia.] Where wool has been bequeathed, it is not accepted that the clothing made from it is due.
§32.0.88.1Sed et materia legata nauis armariumue ex ea factum non uindicetur.
But also, where timber has been bequeathed, a ship or a cabinet made from it cannot be claimed.
§32.0.88.2Naue autem legata dissoluta neque materia neque nauis debetur.
However, if a bequeathed ship has been broken up, neither the timber nor the ship is due.
§32.0.88.3Massa autem legata scyphi ex ea facti exigi possunt.
But where a lump of metal has been bequeathed, the cups made from it can be claimed.

Notes

  1. §32.0.88.prLana legata — This is an ablative absolute construction, expressing the condition "where wool has been bequeathed". The phrases "materia legata" in §32.0.88.1, "Naue legata dissoluta" in §32.0.88.2, and "Massa legata" in §32.0.88.3 share the same structure.
  2. §32.0.88.prnon placet — The negative form of the impersonal verb placet ("it is accepted"), indicating a lack of legal consensus or recognition among jurists. The accusative with infinitive clause "uestem... deberi" functions as its subject.
  3. §32.0.88.1uindicetur — Third-person singular, present subjunctive passive, expressing potentiality ("cannot be claimed") or obligation ("should not be claimed"). The verb uindicare refers to bringing a rei uindicatio (action for recovery of property) in Roman law.
  4. §32.0.88.3Massa... legata scyphi — When raw metal (massa) is bequeathed, the cups (scyphi) made from it can be claimed. Unlike the transformation of wool into clothing or timber into a ship, metal can be melted back to its original raw form (reversibility), meaning the identity of the substance is not lost according to the Roman law doctrine of specification (specificatio).

Cite this passage

Justinian I, The Digest of Justinian §32.0.88.pr-32.0.88.3. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:32.0.88.pr-32.0.88.3

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