Feminae: Medieval Women and Gender Index

  • Record Number: 45678
  • Author(s)/Creator(s): Bartolus of Sassoferrato , , , Angelus de Ubaldis, , Julius Kirshner, Osvaldo Cavallar and Petrus de Albisis ,
  • Contributor(s):
  • Title: Vested Interests
  • Source: Jurists and Jurisprudence in Medieval Italy: Texts and Contexts.  Edited by Osvaldo Cavallar and Julius Kirshner .  University of Toronto Press, 2020.  Pages 726 - 737. Available with a subscription from JSTOR: https://www.jstor.org/stable/10.3138/j.ctv179h1fw.47
    and from De Gruyter: https://doi.org/10.3138/9781487536336-011
  • Description: Three documents are translated:
    40.1. Bartolus of Sassoferrato, Commentary to Dig. 24. 3. 66. 1, In his rebus quas, ยง Servis uxoris
    40.2. Angelus de Ubaldis, Consilium
    40.3. Petrus de Albisis, Consilium
    Bartolus considers the question of ownership of the clothing given by a husband (now deceased) to his wife. The jurist makes a distinction between "everyday dresses" which belong to the wife and "dresses that are precious" which belong to the husband's heirs. He reasons that those elaborate clothes were intended to bolster the husband's public honor. Angelus considers the case of a husband who gave his wife a silver belt and crown as well as dresses. Applying opinions, including that of Bartolus, he concluded that the husband made no special bequest, and there were no indications that the deceased intended the adornments and clothing as gifts. Therefore, they belonged to the husband's heirs. The Consilium from Petrus considers the status of mourning dresses given to the wife by her husband. His heirs can demand the return of the dresses after the year of mourning or earlier if she herself dies.
  • Article Type: Translation
  • Subject (See Also): Clothing Family Husbands Inheritance Law Marriage Mourning Wives
  • Award Note:
  • Geographic Area: Italy
  • Century: 14- 15
  • Primary Evidence:
  • Illustrations:
  • Table:
  • Abstract:
  • Related Resources:
  • Author's Affiliation: Nanzan University [Cavallar]; University of Chicago [Kirshner- Emeritus Professor]
  • Conference Info: - , -
  • Year of Publication: 2020.
  • Language: English
  • ISSN/ISBN: 9781487507480 (print); 9781487536336 (online)