← Justinian I

The Digest of Justinian

§8.1.10.pr

Construction Work Necessary for Exercising a Right of Way

Proculus' opinion that if a right of way is bequeathed which cannot be used without construction work, it is permitted to create a path by digging and building a substructure.

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[IDEM libro octauo decimo digestorum.]

[THE SAME in the eighteenth book of the Digests.]

§8.1.10.pr

​Si iter legatum sit, qua nisi opere facto1 iri non possit,2 licere fodiendo substruendo3 iter facere Proculus ait.

​Proculus says that if a right of way is bequeathed, through which it is impossible to pass unless construction work is done, it is permitted to make a path by digging and building a substructure.

Syntax notes3 items
  1. 8.1.10.propere facto

    An ablative absolute consisting of the noun opus (work) and the perfect participle factus. Accompanied by the conjunction nisi (unless), it expresses a condition ('unless work is done').

  2. 8.1.10.priri non possit

    The passive present infinitive iri of the verb eo (to go) is used impersonally with possit, meaning 'it cannot be gone' (i.e., 'it is impossible to pass').

  3. 8.1.10.prfodiendo substruendo

    Ablatives of the gerund from the verbs fodio (to dig) and substruo (to build a substructure), expressing the means ('by digging and by building a substructure').

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:8.1.10.pr