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The Digest of Justinian

§8.6.2.pr

Preservation of the Right to Drive Through Walking Alone

Paulus reports the opinion of Sabinus, Cassius, and Octavenus that if a holder of both a right of passage and of driving only exercises the right of passage, the right of driving is not lost, since driving inherently includes passage.

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[PAULUS libro uicensimo primo ad edictum.]

[PAULUS, from the twenty-first book on the edict.]

§8.6.2.pr

​Qui iter et actum habet, si statuto tempore tantum ierit, non perisse actum, sed manere1 Sabinus Cassius Octauenus aiunt: nam ire quoque per se eum posse qui actum haberet.2

​If someone who has a right of passage and of driving has only walked during the statutory period, Sabinus, Cassius, and Octavenus say that the right of driving has not been lost, but remains; for he who has the right of driving can also walk by himself.

Syntax notes2 items
  1. 8.6.2.prnon perisse actum, sed manere

    An accusative with infinitive clause functioning as the object of the main verb aiunt. The form perisse is a syncopated form of periisse (perfect active infinitive of perire).

  2. 8.6.2.prnam ire quoque per se eum posse qui actum haberet

    An accusative with infinitive clause in indirect discourse introduced by the causal conjunction nam. The pronoun eum is the subject accusative of the infinitive posse. The verb haberet in the relative clause qui actum haberet is in the subjunctive (imperfect) because it is a subordinate clause in indirect discourse (suboblique subjunctive).

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:8.6.2.pr