← Justinian I

The Digest of Justinian

§8.2.37.pr

Ownership and Insertion of Beams in Inter Vivos Transfers

This fragment states that the same rule regarding the common ownership and insertion of beams applies when buildings are transferred to two persons through an inter vivos transaction, just as in the case of a bequest.

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[IULIANUS libro septimo digestorum.]

[JULIANUS, in the seventh book of the Digests.]

§8.2.37.pr

​Idemque esse1 et si duobus aedes cesserit.2

​And the same is true even if he has transferred the buildings to two persons.

Syntax notes2 items
  1. 8.2.37.pridemque esse

    An accusative with infinitive clause in indirect speech, indicating that the legal conclusion determined in the preceding fragment (§8.2.36.pr) for the case of a bequest (legauit) applies equally to the case of an inter vivos transfer (cesserit).

  2. 8.2.37.prcesserit

    The third-person singular perfect subjunctive (or future perfect indicative) of the verb cedere (to transfer, yield). The subject is omitted but contextually refers to the original owner (transferor) of the buildings. 'aedes' functions as the accusative plural (the object of the transfer).

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:8.2.37.pr