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The Digest of Justinian

§10.1.12.pr

Validity of Newly Designated Boundaries in Sale of Adjacent Land

Explains that the boundaries designated by the owner of two estates when selling one of them must be observed, as this designation establishes new boundaries that override the former ones.

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[PAULUS libro tertio responsorum.]

[PAULUS, Book III of Opinions.]

§10.1.12.pr

​Eos terminos, quantum ad dominii quaestionem pertinet, obseruari oportere1 fundorum, quos demonstrauit is, qui utriusque praedii dominus fuit, cum alterum eorum uenderet: non enim termini, qui singulos fundos separabant, obseruari debent, sed demonstratio adfinium2 nouos fines inter fundos constituere.3

​As far as the question of ownership is concerned, those boundaries of the estates must be observed which were pointed out by the person who was the owner of both properties when he sold one of them; for it is not the boundaries that formerly separated the individual estates that must be observed, but the designation of the boundaries of the adjacent lands establishes new boundaries between the estates.

Syntax notes3 items
  1. 10.1.12.proportere

    The main verb of the accusative-with-infinitive construction (indirect speech) stating the opinion, with the accusative eos terminos as its subject.

  2. 10.1.12.prdemonstratio adfinium

    Meaning 'the designation of the adjacent lands.' adfinium is the genitive plural of adfines (adjacent estates). It refers to the seller's act of pointing out the boundaries or adjacent properties at the time of sale.

  3. 10.1.12.prconstituere

    An infinitive depending on the nominative subject demonstratio. It is interpreted either as a scribal error for constituit ('establishes'), as being dependent on an omitted verb like debet, or due to the continuation of indirect speech.

Translated by Gemini 3.5 Flash (published 2026-07-12) · No revisions to the English translation or the originalurn:cts:latinLit:phi2806.phi002.humanitext-lat1:10.1.12.pr