Humanitext Reader

Justinian I · The Digest of Justinian §18.1.47.pr

Transfer of Water Rights and Pipes upon Estate Sale

Passage 2635 of 9271 · Latin

Summary

Explains that the right of conducting water and the water pipes associated with an estate pass to the buyer upon sale, even if nothing is explicitly agreed.

[ULPIANUS libro uicensimo nono ad Sabinum. ] §18.1.47.prSi aquae ductus debeatur praedio, et ius aquae transit ad emptorem, etiamsi nihil dictum sit, sicut et ipsae fistulae, per quas aqua ducitur,
[ULPIAN, On Sabinus, Book XXIX] If a right of conducting water is owed to an estate, the right to the water also passes to the buyer, even if nothing has been said, just as the pipes themselves, through which the water is conducted, [also pass].

Notes

  1. §18.1.47.prdebeatur praedio — Although debeatur literally means 'is owed,' here it denotes that the servitude (right of conducting water) is attached or belongs to the estate (praedio, dative). It reflects the legal concept that the servitude is 'owed' to the dominant tenement.
  2. §18.1.47.prsicut et ipsae fistulae — The main verb is omitted in the subordinate clause starting with sicut. The verb transit from the main clause should be understood in the plural (transeunt) to complete the sense: 'just as the pipes themselves [also pass].' The 'et' in 'sicut et' means 'also' or 'likewise'.

Cite this passage

Justinian I, The Digest of Justinian §18.1.47.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:18.1.47.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.