Justinian I · The Digest of Justinian §32.0.31.pr

Scope of Bequeathed Houses and Annexation of Rooms

Passage 4852 of 9271 · Latin

Summary

This section discusses the rule that a bequeathed house includes the entire building on its ground, along with an exception when a room is converted for use between two adjoining houses.

[IDEM libro primo pithanorum a Paulo epitomatorum. ] §32.0.31.prSi cui aedes legatae sint, is omne habebit id aedificium, quod solum earum aedium erit.

[IDEM libro primo pithanorum a Paulo epitomatorum.] If a house is bequeathed to someone, he will have the entire building which is on the ground of that house.

PAULUS: hoc tunc demum falsum est, cum dominus aedium binarum aliquid conclaue, quod supra concamarationem alterarum aedium esset, in usum alterarum conuertit atque ita his usus fuerit: namque eo modo alteris aedibus id accedet, alteris decedet.

PAULUS: This is false only when the owner of two houses has converted a certain room, which was above the arch of one of the houses, to the use of the other, and has used it in this way; for in that manner, it will accrue to one house and be lost to the other.

Notes

§32.0.31.prquod solum earum aedium erit — solum is the nominative complement meaning "ground" or "soil" (from solum, -i n.), with the relative pronoun quod (whose antecedent is id aedificium) describing the building that stands upon the ground of that house.
§32.0.31.pralteris aedibus id accedet, alteris decedet — alteris aedibus is in the dative case. The first alteris depends on the verb accedet ("to be added to"), while the second alteris depends on decedet (dative of separation or disadvantage, "to be lost from").

Cite this passage

Justinian I, The Digest of Justinian §32.0.31.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:32.0.31.pr

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