- 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-lat1:8.2.36.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-14
This section discusses the ownership of shared beams and the admissibility of mutual servitude actions when two buildings sharing a single flooring structure are bequeathed to different persons.
[PAPINIANUS libro septimo quaestionum.]
[PAPINIANUS, in the seventh book of Questions.]
Binas quis aedes habebat una contignatione tectas: utrasque diuersis legauit. dixi,1 quia magis placeat tignum posse duorum esse ita, ut certae partes cuiusque sint contignationis, ex regione cuiusque domini fore tigna nec ullam inuicem habituros actionem ius non esse immissum habere:2 nec interest, pure utrisque an sub condicione alteri aedes legatae sint.
A certain person owned two buildings covered by a single flooring structure; he bequeathed both to different persons. I gave the opinion that, since it is more approved that a beam can belong to two persons in such a way that specific parts of the flooring belong to each, the beams will belong to each owner according to his own territory, and they will not have any action against each other to the effect that there is no right to have [the beam] inserted; and it makes no difference whether the buildings were bequeathed to both unconditionally, or to one of them under a condition.
- 8.2.36.prdixi
In the indirect speech introduced by dixi, the main accusative with infinitive clauses showing the conclusion are fore tigna and nec... habituros [esse]. The quia clause provides the reasoning (that a beam can belong to two persons) behind this decision.
- 8.2.36.practionem ius non esse immissum habere
This refers to the negative action (actio negatoria) by which a property owner claims that the neighbor has no right to keep a beam inserted. immissum habere expresses the state of keeping the beam inserted.