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Justinian I · The Digest of Justinian §11.7.41.pr

Burial of Outsiders and Co-owners on Common Land

Passage 1845 of 9271 · Latin

Summary

Explains that for burial in a co-owned place, the consent of all co-owners is required for outsiders, but any of the owners themselves can be buried there without others' consent, especially if there is no other place.

[CALLISTRATUS libro secundo institutionum. ] §11.7.41.prSi plures sint domini eius loci, ubi mortuus infertur, omnes consentire debent, cum extranei inferantur: nam ex ipsis dominis quemlibet recte ibi sepeliri constat etiam sine ceterorum consensu, maxime cum alius non sit locus in quo sepeliretur.
[CALLISTRATUS, Institutes, book 2] If there are several owners of the place where the dead body is brought, all must consent when outsiders are brought in; for it is well established that any of the owners themselves is rightfully buried there even without the consent of the others, especially when there is no other place in which he might be buried.

Notes

  1. §11.7.41.prconstat — Impersonal verb constat ('it is well established'), which takes the accusative and infinitive clause quemlibet ... sepeliri as its subject.
  2. §11.7.41.prsepeliretur — Subjunctive imperfect passive. Despite the main verb being in the present tense (sit), the imperfect is used in the relative clause (in quo ...) to convey a potential or hypothetical nuance ('where he might/would be buried').

Cite this passage

Justinian I, The Digest of Justinian §11.7.41.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:11.7.41.pr

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