- 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-lat1:8.3.38.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-14
This section discusses the possibility of establishing a right of way when a river intervenes, distinguishing cases based on whether there is a ford or a bridge, and examines situations involving multiple adjacent owners or a single owner with estates on both sides of a river.
[IDEM libro primo manualium.]
[THE SAME, Manuals, Book 1]
Flumine interueniente uia constitui potest, si aut uado transiri potest aut pontem habeat: diuersum, si pontonibus traiciatur. haec ita, si per unius praedia flumen currat: alioquin si tua praedia mihi uicina sint, deinde flumen, deinde Titii praedia, deinde uia publica, in quam iter mihi adquiri uolo, dispiciamus ne nihil uetet1 a te mihi uiam dari usque ad flumen, deinde a Titio usque ad uiam publicam. sed uideamus, num et si tu eorum praediorum dominus sis, quae trans flumen intra uiam publicam2 sint, idem iuris sit, quia uia consummari solet uel ciuitate tenus uel usque ad uiam publicam uel usque ad flumen, in quo pontonibus traiciatur uel usque ad proprium aliud eiusdem domini praedium: quod si est, non uidetur interrumpi seruitus, quamuis inter eiusdem domini praedia flumen publicum intercedat.
Even when a river intervenes, a road can be established, if it can either be crossed by a ford or has a bridge; it is otherwise if it must be crossed by ferryboats. This is so, if the river flows through the estate of a single owner. Otherwise, if your estate is adjacent to mine, then a river, then the estate of Titius, then a public road, to which I wish a right of passage to be acquired for me, let us consider whether nothing prevents a road from being granted to me by you as far as the river, and then by Titius as far as the public road. But let us see whether, even if you are the owner of those estates which are across the river within the public road, the same rule of law applies, because a road is accustomed to be completed either as far as a city, or as far as a public road, or as far as a river on which it is crossed by ferryboats, or as far as another estate belonging to the same owner. If this is the case, the servitude does not seem to be interrupted, although a public river runs between the estates of the same owner.
- 8.3.38.prdispiciamus ne nihil uetet
A subordinate clause introduced by dispiciamus (let us consider), which is the first-person plural present subjunctive. The phrase ne nihil uetet contains a double negation, implying a positive expectation that 'nothing prevents' the action. uetet is the third-person singular present subjunctive of uetare (to forbid/prevent).
- 8.3.38.printra uiam publicam
The preposition intra (within, on this side of) here refers to the spatial range of estates situated across the river but on this side of (within) the public road.