[IDEM libro quinto decimo ad Sabinum. ] §10.1.5.prquia magis in confinio meo uia publica uel flumen sit quam ager uicini.
[THE SAME, Book XV on Sabinus.] because a public road or a river is rather in my boundary than the neighbor's field.
Justinian I · The Digest of Justinian §10.1.5.pr
Inapplicability of Boundary Actions When Roads Intervene
Summary
Explains why an action for regulating boundaries is not allowed when a river or public road intervenes, stating that what borders one's land is the road or river rather than the neighbor's field.
Notes
- §10.1.5.prsit — The subjunctive sit is introduced by the causal conjunction quia. The use of the subjunctive instead of the indicative indicates that this is presented as a subjective or mediated reason behind the legal holding in the preceding section (10.1.4.10), explaining why a public road or river prevents the existence of a legally recognized "boundary."
- §10.1.5.prmagis ... quam — In the comparative construction magis ... quam ("rather ... than"), the elements being compared are uia publica uel flumen (a public road or a river) and ager uicini (the neighbor's field), in terms of their spatial relationship of being in confinio meo (in my boundary).
Cite this passage
Justinian I, The Digest of Justinian §10.1.5.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:10.1.5.pr
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