Usufruct of a Building and Limits on Obstructing Light — Justinian I, The Digest of Justinian Book 7 (7.1.30.pr), Latin & English

[PAULUS libro tertio ad Sabinum.]

[PAULUS in the third book on Sabinus.]

§7.1.30.pr

Si is, qui binas aedes habeat, aliarum¹ usum fructum legauerit, posse heredem Marcellus scribit alteras altius tollendo obscurare luminibus,² quoniam habitari potest³ etiam obscuratis aedibus. quod usque adeo temperandum est, ut⁴ non in totum aedes obscurentur, sed modicum lumen, quod habitantibus sufficit, habeant.

Marcellus writes that if someone who owns two buildings bequeaths the usufruct of one of them, the heir can obstruct its light by raising the other building higher, because it is still possible to dwell in the building even when its light is obstructed. This, however, must be qualified to the extent that the building is not completely darkened, but retains a moderate amount of light which is sufficient for its occupants.

Syntax notes4 items

7.1.30.praliarum
Since aedes is a plurale tantum (a noun used only in the plural to mean 'house' or 'building'), the genitive plural aliarum refers to 'one' of the two buildings. Similarly, the accusative plural alteras later in the sentence refers to 'the other' building.
7.1.30.prluminibus
An ablative associated with the verb obscurare (to darken, obstruct), meaning 'to deprive of light' or 'to darken in respect of light.'
7.1.30.prhabitari potest
An impersonal passive construction using the infinitive habitari, literally meaning 'it can be lived in' or 'habitation is possible.'
7.1.30.prquod usque adeo temperandum est, ut
quod is a connecting relative pronoun referring back to the preceding clause. temperandum est is a gerundive of obligation, which, combined with usque adeo ... ut ('to such an extent that'), means 'this, however, must be qualified/regulated to the extent that...'

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:7.1.30.pr