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Justinian I · The Digest of Justinian §1.8.10.pr

Ownership of Structures in the Sea and Land Taken by the Sea

Passage 158 of 9271 · Latin

Summary

Citing Aristo, this text explains that while structures built in the sea become private property, land occupied or submerged by the sea becomes public.

[POMPONIUS libro sexto ex Plautio. ] §1.8.10.prAristo ait, sicut id, quod in mare aedificatum sit, fieret priuatum, ita quod mari occupatum sit, fieri publicum.
[POMPONIUS, From Plautius, book 6] Aristo says that, just as that which has been built in the sea becomes private, so that which has been occupied by the sea becomes public.

Notes

  1. 1.8.10.prsicut id, quod in mare aedificatum sit, fieret priuatum, ita quod mari occupatum sit, fieri publicum — This is an indirect statement introduced by the main verb "ait". In the main clause of the comparison ("ita... fieri publicum"), the accusative with infinitive ("fieri") is used, whereas in the subordinate comparative clause ("sicut... fieret priuatum"), the verb is in the subjunctive mood ("fieret"). The imperfect subjunctive "fieret" is due to sequence of tenses (treating "ait" as a historical present) or denotes a generic potentiality.
  2. 1.8.10.prmari — Ablative singular of "mare" (sea). It functions as an ablative of agent or cause, meaning "by the sea" (i.e., occupied or submerged by the sea).

Cite this passage

Justinian I, The Digest of Justinian §1.8.10.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:1.8.10.pr

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