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Justinian I · The Digest of Justinian §18.1.51.pr

Inclusion of Shores and Public Roads in Land Measurement

Passage 2639 of 9271 · Latin

Summary

Paulus states that shores, public roads, and sacred places contiguous to a sold estate are not calculated in its measurement by default, but it is customary to contract that they be included for the seller's benefit.

[PAULUS libro uicensimo primo ad edictum. ] §18.1.51.prLitora, quae fundo uendito coniuncta sunt, in modum non computantur, quia nullius sunt, sed iure gentium omnibus uacant: nec uiae publicae aut loca religiosa uel sacra.
[PAULUS, On the Edict, Book XXI] Shores which are contiguous to a sold estate are not calculated in its measurement, because they belong to no one, but by the law of nations are open to all; nor are public roads, or religious or sacred places.
itaque ut proficiant uenditori, caueri solet, ut uiae, item litora et loca publica in modum cedant.
Therefore, in order that they may benefit the seller, it is customary to provide that roads, likewise shores and public places, shall count towards the measurement.

Notes

  1. §18.1.51.prin modum — The noun "modus" here refers to the "measurement" or "acreage" of the sold estate. "in modum computare" means to include in the calculation of the measurement.
  2. §18.1.51.prnec uiae publicae — The predicate phrase "in modum non computantur" is omitted here from the preceding clause, meaning "nor are public roads... calculated in the measurement."
  3. §18.1.51.prcaueri solet — An impersonal passive of "caveo" (to provide by contract, to stipulate). The following ut-clause ("ut uiae, item litora... in modum cedant") serves as the subject, while "ut proficiant uenditori" is a purpose clause meaning "in order that they may benefit the seller."
  4. §18.1.51.prin modum cedant — A legal idiom where "cedere in" with the accusative means "to go to," "to accrue to," or "to be counted towards." Here, it means to be calculated as part of the total acreage (modus).

Cite this passage

Justinian I, The Digest of Justinian §18.1.51.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:18.1.51.pr

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