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Justinian I · The Digest of Justinian §18.1.49.pr

Ownership of Pipes and Channels upon Loss of Water Rights

Passage 2637 of 9271 · Latin

Summary

Ulpian cites and supports Pomponius' opinion that even if the water right is lost and does not pass with the sale, the pipes and channels, as long as they remain connected, pass to the buyer as part of the building.

[ULPIANUS libro uicensimo nono ad Sabinum. ] §18.1.49.pret quamquam ius aquae non sequatur, quod amissum est, attamen fistulae et canales dum sibi sequuntur, quasi pars aedium ad emptorem perueniunt.
[ULPIANUS, On Sabinus, Book XXIX] And although the water right does not follow, because it has been lost, nevertheless, the pipes and channels, so long as they remain connected to each other, pass to the buyer as if they were part of the building.
et ita Pomponius libro decimo putat.
And Pomponius thinks so in his tenth book.

Notes

  1. §18.1.49.prnon sequatur — Present subjunctive. It forms a concessive clause introduced by quamquam, which is common in post-classical Latin. The intransitive verb sequi is used here in its legal sense, meaning "to follow" or "to run with" the principal property (the building) being sold.
  2. §18.1.49.prdum sibi sequuntur — The phrase sibi sequi (literally "to follow themselves"), with the dative of the reflexive pronoun sibi, is a legal idiom meaning that multiple items "remain connected to each other," "function together as a whole," or "remain in their proper place." The conjunction dum here expresses a restrictive condition ("as long as").

Cite this passage

Justinian I, The Digest of Justinian §18.1.49.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:18.1.49.pr

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