Feminae: Medieval Women and Gender Index
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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)