← Justinian I

The Digest of Justinian

§10.1.5.pr

Inapplicability of Boundary Actions When Roads Intervene

Explains why an action for regulating boundaries is not allowed when a river or public road intervenes, stating that what borders one's land is the road or river rather than the neighbor's field.

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[IDEM libro quinto decimo ad Sabinum.]

[THE SAME, Book XV on Sabinus.]

§10.1.5.pr

​quia magis in confinio meo uia publica uel flumen sit1 quam2 ager uicini.

​because a public road or a river is rather in my boundary than the neighbor’s field.

Syntax notes2 items
  1. 10.1.5.prsit

    The subjunctive sit is introduced by the causal conjunction quia. The use of the subjunctive instead of the indicative indicates that this is presented as a subjective or mediated reason behind the legal holding in the preceding section (10.1.4.10), explaining why a public road or river prevents the existence of a legally recognized "boundary."

  2. 10.1.5.prmagis ... quam

    In the comparative construction magis ... quam ("rather ... than"), the elements being compared are uia publica uel flumen (a public road or a river) and ager uicini (the neighbor's field), in terms of their spatial relationship of being in confinio meo (in my boundary).

Translated by Gemini 3.5 Flash (published 2026-07-12) · No revisions to the English translation or the originalurn:cts:latinLit:phi2806.phi002.humanitext-lat1:10.1.5.pr