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The Digest of Justinian

§8.6.4.pr

Immunity of Right of Way to a Tomb from Extinction by Non-Use

Paulus states the principle that a right of way access to a tomb is never lost through non-use.

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[PAULUS libro uicensimo septimo ad edictum.]

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

§8.6.4.pr

​Iter sepulchro debitum1 non utendo2 numquam amittitur.

​A right of way owed to a tomb is never lost by non-use.

Syntax notes2 items
  1. 8.6.4.prsepulchro debitum

    The perfect passive participle debitum (nominative neuter singular, from debere, "to owe") modifies the subject iter, and sepulchro is the dative of advantage or indirect object, meaning "owed to a tomb" or "due for the benefit of a tomb." This refers to a path whose access is legally guaranteed for a burial site.

  2. 8.6.4.prnon utendo

    The ablative of the gerund utendo from the deponent verb utor ("to use"), accompanied by the negative adverb non. It functions as an ablative of means or cause, meaning "by not using" or "through non-use."

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:8.6.4.pr