Feminae: Medieval Women and Gender Index
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Record Number:
45679
Author(s)/Creator(s):
Ubaldis , Baldus de, Julius Kirshner and Osvaldo Cavallar
Contributor(s):
Title:
Prohibition of Gifts between Husband and Wife
Source:
Jurists and Jurisprudence in Medieval Italy: Texts and Contexts. Edited by Osvaldo Cavallar and Julius Kirshner . University of Toronto Press, 2020. Pages 738 - 758. Available with a subscription from JSTOR:
https://www.jstor.org/stable/10.3138/j.ctv179h1fw.48
and from De Gruyter:
https://doi.org/10.3138/9781487536336-011
Description:
Five documents are translated:
41.1. Dig. 24. 1. 1,
Moribus
41.2. Dig. 24. 1. 2,
Non cessat
41.3. Baldus de Ubaldis, [First] Commentary to Dig. 24. 1. 1,
Moribus
41.4. Baldus de Ubaldis, [Second] Commentary to Dig. 24. 1. 1,
Moribus
41.5. Baldus de Ubaldis,
Consilium
(ca. 1396-1400)
Roman law saw gifts between wives and husbands as a threat to the support of children and to the preservation of the two familial patrimonies. In 41.3 Baldus cites the further problem of the spousal demand for immoderate gifts accompanied by the threat of divorce. As documents 41.4 and 41.5 indicate, husbands did seek ways to provide gifts for their wives by confirming the arrangements with a formal oath. Baldus rejects these practices as unlawful.
Article Type:
Translation
Subject
(See Also)
:
Family
Gifts
Husbands
Inheritance
Law
Marriage
Wives
Award Note:
Geographic Area:
Italy
Century:
14
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)