Justinian I · The Digest of Justinian §13.7.21.pr

Scope of Pledge Between House and Ground

Passage 2159 of 9271 · Latin

Summary

This section explains that when a house is pledged, its site is also bound, and conversely, when land is pledged, the building follows the right of the soil.

[IDEM libro sexto breuium. ] §13.7.21.prDomo pignori data et area eius tenebitur: est enim pars eius.

[THE SAME, Epitomes, Book 6] If a house is given in pledge, its site also will be bound; for it is part of it.

et contra ius soli sequetur aedificium.

And conversely, the building will follow the law of the soil.

Notes

§13.7.21.prius soli sequetur aedificium — Both 'ius soli' and 'aedificium' are neuter nouns that can be either the subject or the object of the deponent verb 'sequetur'. Here, 'aedificium' is taken as the subject and 'ius soli' as the object, meaning 'the building will follow the right of the soil'. This corresponds to 'conversely' (contra) in contrast to the preceding sentence (where the house is pledged), indicating that if the land is pledged, the building follows the security of the land in accordance with the general Roman law principle that what is built on the soil belongs to the soil (superficies solo cedit).

Cite this passage

Justinian I, The Digest of Justinian §13.7.21.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:13.7.21.pr

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