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Justinian I · The Digest of Justinian §33.3.2.pr

Validity of Bequeathing a Right of Way to Co-owners

Passage 4997 of 9271 · Latin

Summary

It is argued that a right of way can be bequeathed to co-owners of land, based on the validity of a stipulation by a common slave and the fact that the contract remains valid even if multiple heirs succeed the stipulator.

[MARCELLUS libro tertio decimo digestorum. ] §33.3.2.prFundum communem habentibus legari potest uia, cum et communis seruus recte uiam stipulatur et, cum duo ei qui ipse uiam stipulatus fuerit heredes exstiterint, non corrumpitur stipulatio.
[MARCELLUS in the thirteenth book of the Digests.] right of way can be bequeathed to those who own a common estate, since both a common slave lawfully stipulates for a right of way and, when two heirs have emerged for him who had himself stipulated for a right of way, the stipulation is not destroyed.

Notes

  1. §33.3.2.prFundum communem habentibus — The present participle habentibus is used substantively ('those who own') and functions as the indirect object (dative) of the passive verb legari potest.
  2. §33.3.2.prcum — Used with verbs in the indicative present (stipulatur, corrumpitur) as a conjunction expressing cause or ground. The subsequent et ... et ... correlates two legal facts as reasons.
  3. §33.3.2.prei qui ipse uiam stipulatus fuerit heredes exstiterint — ei is a dative (meaning 'to/for him') with exstiterint, and serves as the antecedent of the relative clause qui ... fuerit. The whole phrase means 'when heirs have emerged for him who had himself stipulated for a right of way'.

Cite this passage

Justinian I, The Digest of Justinian §33.3.2.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:33.3.2.pr

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