- 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-lat1:8.3.9.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-14
This section describes the shift in the establishment of servitudes for leading or drawing water, which were traditionally restricted to sources or springs but in modern times can be established from any place whatsoever.
[PAULUS libro primo sententiarum.]
[PAULUS, Sentences, Book 1]
Seruitus aquae ducendae uel hauriendae nisi ex capite uel ex fonte1 constitui non potest: hodie tamen ex quocumque loco constitui solet.
A servitude of leading water or of drawing water cannot be established except from a source or from a spring; today, however, it is customary for it to be established from any place whatsoever.
- 8.3.9.prex capite uel ex fonte
The term caput (source/head of water) refers to the origin or main head of a water flow, whereas fons (spring) denotes a specific place where water naturally wells up from the ground. Legally, the servitude of leading or drawing water was traditionally restricted to these natural sources, a limitation that was later relaxed as indicated in the latter part of the passage.