Humanitext Reader

Justinian I · The Digest of Justinian §2.14.61.pr

Prohibition of Limiting Alienation and Burial by Pact

Passage 427 of 9271 · Latin

Summary

A rule stating that no one can by private agreement restrict or eliminate their own fundamental rights concerning the dedication of sacred spaces, burial on their own land, or the alienation of property.

[POMPONIUS libro nono ad Sabinum. ] §2.14.61.prNemo paciscendo efficere potest, ne sibi locum suum dedicare liceat aut ne sibi in suo sepelire mortuum liceat aut ne uicino inuito praedium alienet.
[POMPONIUS in the ninth book on Sabinus.] No one can, by making an agreement, bring it about that he is not permitted to dedicate his own place, or that he is not permitted to bury a dead body on his own land, or that he may not alienate an estate against his neighbor's will.

Notes

  1. §2.14.61.prpaciscendo — Ablative of the gerund from paciscere (to make an agreement/contract), expressing means. It indicates that one cannot exclude certain legal rights beforehand by the act of contracting.
  2. §2.14.61.prefficere ..., ne — The verb efficere (to bring about, effect) is used with the negative conjunction ne, introducing a clause of result or purpose functioning as a noun clause.
  3. §2.14.61.pruicino inuito — An ablative absolute of the 'noun + adjective' type, consisting of uicinus (neighbor) and inuitus (unwilling), meaning 'against the neighbor's will' or 'the neighbor being unwilling'.

Cite this passage

Justinian I, The Digest of Justinian §2.14.61.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:2.14.61.pr

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