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Justinian I · The Digest of Justinian §34.2.22.pr

Definition of Garments in Legacies and Exclusion of Raw Cloth

Passage 5182 of 9271 · Latin

Summary

Ulpian defines the legal meaning of "garment" as something that is woven and completed, even if not yet cut off the loom, and explains that unfinished woven material and raw materials like warp and woof are excluded from a bequest of garments.

[ULPIANUS libro uicesimo secundo ad Sabinum. ] §34.2.22.prUestimentum id est quod detextum est, etsi desectum non sit, id est si sit consummatum.
[ULPIANUS, in his twenty-second book on Sabinus.] A garment is that which has been woven, even if it has not been cut off; that is, if it is completed.
quod in tela est nondum pertextum uel detextum, contextum appellatur.
What is on the loom and not yet fully woven or finished is called "woven material".
quisquis igitur uestem legauerit, neque stamen neque subtemen legato continebitur.
Therefore, whoever bequeaths a garment, neither the warp nor the woof will be contained in the bequest.

Notes

  1. §34.2.22.prdetextum — Meaning "woven." It refers to the completion of the weaving process on the loom, contrasted with the following `desectum` (cut off the loom), indicating that even if not physically cut off, a piece of cloth is considered a "garment" once the weaving is finished and it is completed.
  2. §34.2.22.prcontextum — Here referring to "unfinished material on the loom." The prefix con- denotes a "joined" state, where the warp and woof are interlaced but the piece is still in an unfinished, mid-weaving stage.
  3. §34.2.22.prlegato — Ablative singular of the noun legatum (bequest). Used with the verb continebitur, it functions as an ablative of specification or limit, indicating what is "contained in the bequest."

Cite this passage

Justinian I, The Digest of Justinian §34.2.22.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:34.2.22.pr

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