Humanitext Reader

Justinian I · The Digest of Justinian §34.2.20.pr

Accessories of Gems Inset into Gold for Wearing

Passage 5180 of 9271 · Latin

Summary

Paulus states that if gems are set in gold to make them wearable, the gold yields to the gems (the gems are the principal and the gold is the accessory).

[PAULUS libro tertio ad Sabinum. ] §34.2.20.prSi ut habiliter gemmae geri possint, inclusae auro fuerint, tum aurum gemmis dicimus cedere.
[PAULUS, in his third book on Sabinus.] If gems have been set in gold so that they can be worn conveniently, then we say that the gold yields to the gems.

Notes

  1. §34.2.20.prut habiliter gemmae geri possint — The conjunction ut introduces a purpose clause ("so that"). The verb geri is the present passive infinitive of gerere, meaning "to wear" or "to carry on the body" (specifically of clothing or ornaments). The adverb habiliter means "conveniently" or "suitably," referring here to the gems being made wearable by means of the setting (the gold).
  2. §34.2.20.praurum gemmis dicimus cedere — This is an accusative and infinitive construction dependent on dicimus ("we say"), where aurum is the subject accusative and cedere is the infinitive. The verb cedere governs the dative gemmis and means "to yield to" or "to be accessory to" in property law. In contrast to the preceding discussion by Ulpian (where the decorated object is principal), here, from the functional perspective of wearable utility (habiliter geri), the gold setting is considered the accessory that yields to the gem as the principal.

Cite this passage

Justinian I, The Digest of Justinian §34.2.20.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:34.2.20.pr

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