- 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-lat1:8.3.36.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-14
This section explains that when a servitude of drawing water is imposed on an estate retained by the seller, the servitude acquired for the purchased estate follows it upon subsequent resale, unaffected by any personal stipulation regarding penalties.
[IDEM libro secundo responsorum.]
[THE SAME, Opinions, Book 2]
Cum fundo, quem ex duobus retinuit uenditor, aquae ducendae seruitus imposita sit, empto praedio quaesita1 seruitus distractum denuo praedium sequitur: nec ad rem pertinet, quod stipulatio, qua poenam promitti placuit, ad personam emptoris, si ei forte frui non licuisset, relata est.2
When a servitude of leading water has been imposed on an estate which the seller retained out of two, the servitude acquired for the purchased estate follows the estate when it is sold again; nor does it matter that the stipulation, by which it was agreed that a penalty should be promised, was referred to the person of the buyer, in case he should happen not to be allowed to enjoy it.
- 8.3.36.prempto praedio quaesita
The phrase 'empto praedio' is in the dative of benefit, modifying the perfect participle 'quaesita' (which agrees with 'seruitus'). It means 'acquired for the purchased estate'. Interpreting this as an ablative (such as an ablative absolute) would obscure the logical connection.
- 8.3.36.prquod stipulatio ... relata est
This 'quod' clause functions as a noun clause serving as the subject of the impersonal main verb 'nec ad rem pertinet' ('it does not matter that...'). The indicative mood ('relata est') is used to state the fact that the stipulation was indeed referred to the person.