- 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-lat1:8.5.20.pr-8.5.20.1
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-14
The passage discusses whether a servitude is owed in the case of a bequeathed estate adjacent to cottages, and how a common pasturage right purchased by citizens is transferred upon the sale or legacy of their individual estates.
[SCAEUOLA libro quarto digestorum.]
[SCAEUOLA, book 4 of Digests.]
Testatrix fundo, quem legauerat, casas iunctas habuit: quaesitum est, si hae fundo legato non cederent1 eumque legatarius uindicasset, an iste fundus aliquam seruitutem casis deberet aut, si ex fideicommissi causa cum sibi dari legatarius desideraret, heredes seruitutem aliquam casis excipere2 deberent. respondit deberi.
A testatrix had some adjoining cottages near an estate which she had bequeathed: the question was asked, if these did not go with the bequeathed estate and the legatee claimed the estate, whether that estate owed any servitude to the cottages, or, if the legatee desired it to be given to him under a trust, whether the heirs ought to reserve any servitude for the cottages. He answered that it was owed.
Plures ex municipibus, qui diuersa praedia possidebant, saltum communem, ut ius compascendi haberent, mercati sunt idque etiam a successoribus eorum est obseruatum: sed nonnulli ex his, qui hoc ius habebant, praedia sua illa propria uenum dederunt. quaero, an in uenditione etiam ius illud secutum sit praedia, cum eius uoluntatis uenditores fuerint, ut et hoc alienarent.3 respondit id obseruandum, quod actum inter contrahentes esset: sed si uoluntas contrahentium manifesta non sit, et hoc ius ad emptores transire. item quaero, an cum pars illorum propriorum fundorum legato ad aliquem transmissa sit, aliquid iuris secum huius compascui traxerit. respondit, cum id quoque ius fundi, qui legatus esset, uideretur, id quoque cessurum legatario.
Several citizens of a municipality, who owned different estates, bought a common pasture in order to have the right of common pasturage, and this was also observed by their successors; but some of those who had this right sold their own individual estates. I ask whether, in the sale, that right also followed the estates, since the sellers were of the intention that they should alienate this as well. He answered that what was agreed between the contracting parties must be observed; but if the intention of the contracting parties is not clear, this right also passes to the buyers. I also ask whether, when a part of those individual estates has been transferred to someone by way of a legacy, it carried with it any of this right of common pasturage. He answered that since this also was deemed to be a right of the estate that was bequeathed, it would also go to the legatee.
- 8.5.20.prnon cederent
The verb cedere here means "to accrue to" or "to become part of (the land)". It refers to a situation where the adjacent cottages do not form an integral part of the bequeathed estate but are treated as separate property.
- 8.5.20.prseruitutem aliquam casis excipere
excipere here means "to except" or "to reserve". It refers to the heirs reserving or excepting a servitude over the estate to be delivered to the legatee, for the benefit of the cottages that remain in their ownership.
- 8.5.20.1cum eius uoluntatis uenditores fuerint, ut et hoc alienarent
The subjunctive fuerint (perfect subjunctive) is used in a clause introduced by cum indicating cause or circumstance. eius uoluntatis is a genitive of description accompanied by an appositive ut clause (ut et hoc alienarent), meaning "(since) they were of such mind as to alienate this as well."