- Source
- Digesta Iustiniani Augusti. Mommsen, Theodor & Krueger, Paul, editors. Berlin: Weidmann, 1870.
- Translation
- AI-generated (gemini-3.5-flash) — machine translation; may contain errors
- Languages
- 日本語 · English · 简体中文 · 한국어
- CTS URN
- urn:cts:latinLit:phi2806.phi002.humanitext-lat1:8.2.26.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-14
Paulus explains that in co-ownership, a co-owner cannot unilaterally perform works or prevent actions based on a right of servitude, which often leads to the division of the property, and that through the action for division, one can demand the cessation or removal of works if it benefits the entire partnership.
[PAULUS libro quinto decimo ad Sabinum.]
[PAULUS, in the fifteenth book on Sabinus.]
In re communi nemo dominorum iure seruitutis neque facere quicquam inuito altero potest neque prohibere, quo minus alter faciat (nulli enim res sua seruit):1 itaque propter immensas contentiones plerumque res ad diuisionem peruenit. sed per communi diuidundo actionem2 consequitur socius, quo minus opus fiat aut ut3 id opus quod fecit tollat, si modo toti societati prodest opus tolli.4
In a common property, none of the co-owners can, by right of servitude, either do anything against the will of another, or prevent another from doing so (for no one’s own property is subject to a servitude to himself); therefore, on account of endless disputes, the matter usually comes to a division. But a co-owner, by means of the action for dividing common property, achieves that the work is not done, or that the other removes the work which he has made, provided that it is of advantage to the whole partnership that the work be removed.
- 8.2.26.prnulli enim res sua seruit
A statement of the fundamental Roman law principle of servitudes, "nemini res sua servit" (no one's own property is subject to a servitude to himself). It serves as the rationale for why a co-owner cannot assert a right of servitude against another co-owner regarding the common property.
- 8.2.26.prcommuni diuidundo actionem
Refers to the "action for dividing common property" (actio communi dividundo). "communi dividundo" is the ablative of the gerundive, indicating a lawsuit concerning common property that is to be divided.
- 8.2.26.prconsequitur... quo minus... aut ut...
The structure where the verb "consequitur" (achieves, obtains) governs both the "quo minus" clause with the subjunctive ("that the work is not done") and the "ut" clause ("that he removes the work") in parallel as object clauses.
- 8.2.26.prsi modo toti societati prodest opus tolli
"opus tolli" is an accusative with infinitive clause using the passive infinitive "tolli" ("that the work be removed"), serving as the subject of "prodest" (is of advantage) used impersonally. "si modo" introduces a restrictive condition ("provided that", "only if").