- 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-lat1:8.6.25.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-15
It explains that the exercise of a servitude requires a subjective belief that one is exercising one's own right, and that usage as a public road or as another's servitude does not grant legal remedies.
[PAULUS libro quinto sententiarum.]
[PAULUS, from the fifth book of Opinions.]
Seruitute usus non uidetur1 nisi is, qui suo iure uti se credidit:2 ideoque si quis pro uia publica uel pro alterius seruitute usu sit,3 nec interdictum nec actio utiliter competit.
No one is deemed to have used a servitude except he who believed that he was exercising his own right; and therefore, if anyone has used it as a public highway or as another’s servitude, neither an interdict nor an action is usefully available.
- 8.6.25.prSeruitute usus non uidetur
usus is the perfect participle of the deponent verb utor, functioning here as a perfect infinitive with the omission of esse (usus esse) acting as the nominative complement to the personal passive uidetur ("is deemed to have..."). seruitute is the ablative object governed by utor.
- 8.6.25.prsuo iure uti se credidit
An accusative with infinitive (AcI) construction introduced by credidit ("believed"), where the accusative pronoun se serves as the subject of the infinitive uti. suo iure is the ablative object governed by uti.
- 8.6.25.prusu sit
The verb in the conditional clause introduced by si quis ("if anyone"). This is interpreted either as a phonological or scribal variant of usus sit (the third-person singular perfect subjunctive of utor) or as the ablative noun usu with sit, both expressing the verbal meaning "if anyone has used."