Humanitext Reader

Justinian I · The Digest of Justinian §10.1.12.pr

Validity of Newly Designated Boundaries in Sale of Adjacent Land

Passage 1636 of 9271 · Latin

Summary

Explains that the boundaries designated by the owner of two estates when selling one of them must be observed, as this designation establishes new boundaries that override the former ones.

[PAULUS libro tertio responsorum. ] §10.1.12.prEos terminos, quantum ad dominii quaestionem pertinet, obseruari oportere fundorum, quos demonstrauit is, qui utriusque praedii dominus fuit, cum alterum eorum uenderet: non enim termini, qui singulos fundos separabant, obseruari debent, sed demonstratio adfinium nouos fines inter fundos constituere.
[PAULUS, Book III of Opinions.] As far as the question of ownership is concerned, those boundaries of the estates must be observed which were pointed out by the person who was the owner of both properties when he sold one of them; for it is not the boundaries that formerly separated the individual estates that must be observed, but the designation of the boundaries of the adjacent lands establishes new boundaries between the estates.

Notes

  1. §10.1.12.proportere — The main verb of the accusative-with-infinitive construction (indirect speech) stating the opinion, with the accusative `eos terminos` as its subject.
  2. §10.1.12.prdemonstratio adfinium — Meaning 'the designation of the adjacent lands.' `adfinium` is the genitive plural of `adfines` (adjacent estates). It refers to the seller's act of pointing out the boundaries or adjacent properties at the time of sale.
  3. §10.1.12.prconstituere — An infinitive depending on the nominative subject `demonstratio`. It is interpreted either as a scribal error for `constituit` ('establishes'), as being dependent on an omitted verb like `debet`, or due to the continuation of indirect speech.

Cite this passage

Justinian I, The Digest of Justinian §10.1.12.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:10.1.12.pr

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