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The Digest of Justinian

§8.6.5.pr

Retention of Servitude Through Exercise by Third Parties

Paulus explains that a servitude is retained and prevented from being lost through its use by a partner, a usufructuary, or a possessor in good faith.

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[IDEM libro sexagensimo sexto ad edictum.]

[THE SAME, from the sixty-sixth book on the edict.]

§8.6.5.pr

​Seruitus et per socium et fructuarium et bonae fidei possessorem1 nobis2 retinetur.

​A servitude is retained for us through a partner, a usufructuary, and a possessor in good faith as well.

Syntax notes2 items
  1. 8.6.5.pret per socium et fructuarium et bonae fidei possessorem

    The preposition per governs the accusatives socium, fructuarium, and possessorem (modified by the genitive bonae fidei). It indicates that the exercise of a servitude, which prevents its loss by non-use, can be performed through these third parties acting on behalf of or in relation to the owner.

  2. 8.6.5.prnobis

    The dative nobis used with the passive verb retinetur can be interpreted either as a dative of agent ('retained by us') or, more commonly, as a dative of advantage ('retained for us'), indicating the landowners who hold the servitude.

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:8.6.5.pr