Justinian I · The Digest of Justinian §11.7.10.pr

Right of Way and Actions for Burial in an Excepted Tomb

Passage 1813 of 9271 · Latin

Summary

The text discusses the seller's right to pass through a sold tract of land for burial purposes and to bring an action if prevented, when a tomb site was excepted from the sale for himself and his descendants.

[ULPIANUS libro uicensimo quinto ad edictum. ] §11.7.10.prSi uenditor fundi exceperit locum sepulchri ad hoc, ut ipse posterique eius illo inferrentur, si uia uti prohibeatur, ut mortuum suum inferret, agere potest: uidetur enim etiam hoc exceptum inter ementem et uendentem, ut ei per fundum sepulturae causa ire liceret.

[ULPIANUS in the twenty-fifth book on the Edict.] If the seller of a tract of land has excepted a place for a tomb to the end that he himself and his descendants might be brought in there, if he is prohibited from using the way to bring in his dead, he can bring an action; for this also seems to have been excepted between the buyer and the seller, that he should be allowed to go through the land for the purpose of burial.

Notes

11.7.10.prexceperit — excipere in the context of a contract of sale has the legal meaning of "to except" or "to reserve" a specific property or right from the transaction.
11.7.10.prut mortuum suum inferret — The subject of inferret is the seller (uenditor). ut introduces a clause of purpose.
11.7.10.pruidetur enim etiam hoc exceptum — The infinitive esse is omitted after exceptum. uidetur is used personally with hoc as the subject, which is explained appositively by the noun clause ut...liceret.

Cite this passage

Justinian I, The Digest of Justinian §11.7.10.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:11.7.10.pr

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