Humanitext Reader

Justinian I · The Digest of Justinian §20.4.15.pr

Pledge of Superstructures and Landowner Priority for Rent

Passage 2978 of 9271 · Latin

Summary

This section states that a superstructure built on another's land can be pledged, provided that the landowner's right takes priority if the ground rent is not paid.

[IDEM libro sexagesimo octauo ad edictum. ] §20.4.15.prEtiam superficies in alieno solo posita pignori dari potest, ita tamen, ut prior causa sit domini soli, si non soluatur ei solarium.
[THE SAME in his sixty-eighth book on the Edict.] A superstructure erected on another's land can also be given in pledge, provided, however, that the right of the owner of the land has priority if the ground rent is not paid to him.

Notes

  1. §20.4.15.prsuperficies — Refers to the superstructure (such as a building) erected on another's land. Although Roman law generally followed the principle that 'whatever is attached to the soil yields to the soil' (superficies solo cedit), this text confirms that such a superstructure can be treated as an independent asset subject to pledge.
  2. §20.4.15.prita tamen, ut — Introduces a restrictive clause ('provided, however, that') with the subjunctive mood (here, 'sit'), qualification or limitation to the general permission granted in the main clause.
  3. §20.4.15.prprior causa sit domini soli — The term 'causa' here refers to a legal position, claim, or interest. It means that, in the event of unpaid ground rent, the landowner's (dominus soli) claim or right has priority over the right of the pledgee of the superstructure.

Cite this passage

Justinian I, The Digest of Justinian §20.4.15.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:20.4.15.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.