- 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-lat1:8.6.9.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-14
Javolenus discusses the exercise of the servitude of drawing water, stating that if water flows into a part of the watercourse, the right is deemed exercised for the whole, even if the water does not reach the end.
[IAUOLENUS libro tertio ex Plautio.]
[JAVOLENUS, from the third book on Plautius.]
Aqua si in partem aquagi influxit, etiamsi non ad ultima loca peruenit, omnibus tamen partibus1 usurpatur.2
If water has flowed into a part of the watercourse, even if it has not reached the furthest places, the right is nevertheless exercised for all parts.
- 8.6.9.promnibus partibus
An ablative of instrument, place, or scope, meaning 'in all parts' or 'with respect to all parts'. It signifies that even if water flows through only a part of the watercourse, the right of drawing water is deemed to be exercised for all parts of it (thereby preventing the loss of the right as a whole).
- 8.6.9.prusurpatur
The verb usurpare is used in Roman law to mean 'to exercise or preserve a right in order to prevent its loss by non-use (non usus)'. In continuity with the context of the preceding 8.6.8.1 (totum ius usurpare uidetur), the implied subject of this verb is understood to be 'the right of drawing water (ius aquae ducendae)' or the right over the watercourse (aquagium). While it is grammatically possible to take the sentence-initial aqua as the subject ('the water is used'), the legal substance lies in the preservation and exercise of the right.