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Justinian I · The Digest of Justinian §19.1.18.pr-19.1.18.1

Whether Wooden Granaries and Tiles Belong to a Building

Passage 2784 of 9271 · Latin

Summary

The text discusses the criteria for determining whether wooden granaries and tiles belong to a building or are categorized as things dug up and cut down, focusing on whether they are physically attached or installed.

[IAUOLENUS libro septimo ex Cassio. ] §19.1.18.prGranaria, quae ex tabulis fieri solent, ita aedium sunt, si stipites eorum in terra defossi sunt: quod si supra terram sunt, rutis et caesis cedunt.
[JAVOLENUS on Cassius, book 7] Granaries which are usually made of planks belong to the building only if their support posts are buried in the ground; but if they are above the ground, they go with the things dug up and cut down.
§19.1.18.1Tegulae, quae nondum aedificiis impositae sunt, quamuis tegendi gratia allatae sunt, in rutis et caesis habentur: aliud iuris est in his, quae detractae sunt ut reponerentur: aedibus enim accedunt.
Tiles which have not yet been placed on buildings, although they have been brought for the purpose of roofing, are regarded as part of the things dug up and cut down; but the law is different in the case of those which have been taken down in order to be replaced, for they access to the building.

Notes

  1. §19.1.18.prita ... si — The adverb `ita` anticipates the conditional clause introduced by `si`, expressing a strict limitation ("only if", "provided that").
  2. §19.1.18.prrutis et caesis cedunt — The verb `cedere` governs the dative (`rutis et caesis`), meaning "to yield to" or "to fall under". In this context, it indicates that the granaries do not become part of the real property (the building) but are categorized legally under the movable category of "things dug up and cut down".
  3. §19.1.18.1aliud iuris — A partitive genitive construction where the genitive singular `iuris` (of law) depends on the neuter pronoun `aliud` (another thing), meaning "another rule of law" or "a different legal treatment".

Cite this passage

Justinian I, The Digest of Justinian §19.1.18.pr-19.1.18.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:19.1.18.pr-19.1.18.1

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