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The Digest of Justinian

§8.2.4.pr

Servitudes of Light and Prohibition against Building Higher

Paulus explains the substance of the rights under a servitude of lights, distinguishing between the simple receipt of light by a neighbor and the prohibition against obstructing light, which deprives the neighbor of the right to build higher against one's will.

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[PAULUS libro secundo institutionum.]

[PAULUS in the second book of Institutes.]

§8.2.4.pr

​Luminum in seruitute constituta id adquisitum uidetur, ut uicinus lumina nostra excipiat: cum autem seruitus imponitur, ne luminibus officiatur,1 hoc maxime adepti uidemur, ne ius sit uicino inuitis nobis2 altius aedificare atque ita minuere lumina nostrorum aedificiorum.

​When a servitude of lights is established, it seems to have been acquired that the neighbor receives our lights: but when a servitude is imposed lest the lights be obstructed, we seem to have acquired this especially, that the neighbor has no right to build higher against our will and thus to diminish the lights of our buildings.

Syntax notes2 items
  1. 8.2.4.prne luminibus officiatur

    An impersonal passive construction of the intransitive verb officere ('to obstruct'), which governs the dative. The original dative luminibus ('to the lights') is retained, meaning 'lest the lights be obstructed'.

  2. 8.2.4.prinuitis nobis

    An ablative absolute consisting of the pronoun nobis ('us') and the adjective inuitis ('unwilling'), expressing the condition 'against our will' or 'without our consent'.

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:8.2.4.pr