Humanitext Reader

Justinian I · The Digest of Justinian §34.2.17.pr

Legacy of Gems or Ornaments Joined to Objects

Passage 5176 of 9271 · Latin

Summary

This section rules that if a gem from a ring, joined materials, or embossed ornaments are bequeathed, the bequest is valid, and they must be detached and delivered to the legatee.

[ULPIANUS libro uicesimo primo ad Sabinum. ] §34.2.17.prSi gemma ex anulo legetur uel aliae materiae iunctae uel emblemata, recte legantur et separantur et praestanda sunt.
[ULPIAN, in his twenty-first book on Sabinus.] If a gem from a ring, or other joined materials, or embossed ornaments are bequeathed, they are validly bequeathed and must be separated and delivered.

Notes

  1. §34.2.17.prlegetur — The verb legetur in the conditional clause is in the third person singular, agreeing with the first subject gemma (singular). However, it is followed by uel aliae materiae... uel emblemata (both plural) connected by uel, which also function as subjects of the conditional clause. The verbs in the main clause (legantur, separantur) are plural because they refer back to all these coordinated subjects.
  2. §34.2.17.prrecte legantur — legantur is in the present subjunctive passive, expressing a legal ruling or determination that such items "are validly bequeathed." It is coordinated with the subsequent separantur (present indicative passive) and praestanda sunt (gerundive expressing obligation), establishing both the validity of the bequest and the resulting duties of separation and delivery.

Cite this passage

Justinian I, The Digest of Justinian §34.2.17.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:34.2.17.pr

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