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Justinian I · The Digest of Justinian §34.2.29.pr-34.2.29.1

Accessories to Bequeathed Gold or Silver and Criteria

Passage 5189 of 9271 · Latin

Summary

It explains that if another material is attached to gold or silver, the bequest of the fashioned metal also includes the attachment, and outlines the criteria for determining which material is the accessory.

[FLORENTINUS libro undecimo institutionum. ] §34.2.29.prSi quando alterius generis materia auro argentoue iniecta sit, si factum aurum uel argentum legetur, et id quod iniectum est debetur.
[FLORENTINUS, in his eleventh book of the Institutes.] If at any time a material of another kind has been applied to gold or silver, if fashioned gold or silver is bequeathed, that which has been applied is also due.
§34.2.29.1Utra autem utrius materiae sit accessio, uisu atque usu rei, consuetudinis patris familias aestimandum est.
Moreover, which of the two materials is the accessory of the other must be estimated by the appearance and use of the thing, and by the practice of the head of the household.

Notes

  1. §34.2.29.prfactum — A perfect participle meaning "fashioned, worked, or crafted" gold or silver, as opposed to raw or unworked bullion (`infectum`).
  2. §34.2.29.1consuetudinis — Although coordinated with the ablative phrases `uisu atque usu` which express means or criteria, this word is in the genitive. This can be understood as a genitive of characteristic/belonging (`est` + genitive) combined with `aestimandum est` ("it must be deemed as belonging to the habit..."), or it is treated as a variant of the ablative `consuetudine` and thus translated as a criterion ("by the practice of the head of the household").

Cite this passage

Justinian I, The Digest of Justinian §34.2.29.pr-34.2.29.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:34.2.29.pr-34.2.29.1

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