- 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-lat1:8.5.15.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-14
The text explains that if a tutor or curator obstructs the light of a ward or minor's house by raising their own, an action for the removal of the unlawful structure is granted to the ward or minor not only against the tutor/curator and their heirs but also against the current possessor of the house.
[ULPIANUS libro sexto opinionum.]
[ULPIANUS, book 6 of Opinions.]
Altius aedes suas extollendo, ut luminibus domus minoris annis uiginti quinque uel impuberis, cuius curator uel tutor erat, officiatur, efficit:1 quamuis hoc quoque nomine actione ipse heredesque teneantur, quia quod alium facientem prohibere ex officio necesse habuit,2 id ipse committere non debuit, tamen et aduersus possidentem easdem aedes danda est impuberi uel minori actio, ut quod non iure factum est tollatur.
If a person, by raising his own house higher, causes the light of the house of a minor under twenty-five years or of a pupillus, of whom he was the curator or tutor, to be obstructed; although on this account also he himself and his heirs are liable to an action—since what he was bound by virtue of his office to prevent another from doing, he himself ought not to have committed—nevertheless, an action must also be granted to the pupillus or minor against the person possessing the same house, so that what has been done unlawfully may be demolished.
- 8.5.15.prefficit
A transitive verb governing the clause ut ... officiatur (clause of result or noun clause) with the subjunctive. The implied subject is the tutor or curator mentioned later. It is accompanied by the gerund in the ablative of means Altius ... extollendo at the beginning of the sentence.
- 8.5.15.prquod alium facientem prohibere ex officio necesse habuit
necesse habere with an infinitive (prohibere) expresses obligation ("to be bound to", "to have a necessity to"). alium facientem is the object of prohibere, where the present participle facientem agrees with alium and functions as a participial complement ("another person doing it").