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The Digest of Justinian

§6.1.49.pr-6.1.49.1

The Ground as Part of a Building and Residual Claims

The jurist Celsus argues that the ground is an integral part of the building rather than merely lying beneath it like the sea under ships, and asserts that what remains of one's property can be claimed.

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[CELSUS libro octauo decimo digestorum.]

[CELSUS in the eighteenth book of the Digests.]

§6.1.49.pr

​Solum partem esse aedium existimo nec alioquin subiacere1 uti mare nauibus.

​I think that the ground is a part of the building, and that it does not otherwise lie beneath it, as the sea does beneath ships.

§6.1.49.1

​Meum est, quod ex re mea superest, cuius uindicandi2 ius habeo.

​What remains of my property, which I have the right to claim, is mine.

Syntax notes2 items
  1. 6.1.49.prsubiacere

    This is an infinitive governed by existimo in an accusative-and-infinitive (AcI) construction, taking the preceding Solum (accusative) as its subject. Combined with nec alioquin, it means "and that it does not otherwise (as an independent entity) lie beneath." In the comparative phrase uti mare nauibus, mare is the nominative subject and nauibus is the dative depending on the omitted verb subiacet (or the infinitive subiacere).

  2. 6.1.49.1cuius uindicandi

    This is a gerundive construction in the genitive case, modifying the noun ius. It consists of the relative pronoun cuius in the genitive (whose antecedent is the neuter singular quod) and the gerundive uindicandi agreeing with it in gender and number. Literally, it means "the right of claiming it."

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:6.1.49.pr-6.1.49.1