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The Digest of Justinian

§8.2.40.pr

Opening Windows in a Common Wall Without Light Rights

A response stating that those who do not possess the right of introducing light act without any legal right when they open a common wall to install windows.

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[IDEM libro tertio responsorum.]

[THE SAME, in the third book of Responses.]

§8.2.40.pr

​Eos, qui ius luminis immittendi1 non habuerunt, aperto pariete communi2 nullo iure fenestras immississe3 respondi.

​I replied that those who did not have the right of introducing light, having opened a common wall, had introduced windows without any right.

Syntax notes3 items
  1. 8.2.40.prius luminis immittendi

    immittendi is the genitive of the gerund (or gerundive) of the verb immitto (to send in, introduce), which modifies the noun ius (right). Literally meaning 'the right of introducing light', it refers to the servitude of light in Roman law.

  2. 8.2.40.praperto pariete communi

    An ablative absolute construction consisting of the noun paries (wall, ablative singular pariete), the adjective communis (common, ablative singular communi), and the perfect passive participle aperto (from aperio, to open), expressing the attendant circumstance 'having opened a common wall'.

  3. 8.2.40.prEos ... immississe

    An accusative and infinitive construction acting as the object of the main verb respondi (I replied). The accusative eos, modified by the relative clause introduced by qui, is the subject accusative, and immississe (perfect active infinitive of immitto) is the infinitive.

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:8.2.40.pr