Humanitext Reader

Justinian I · The Digest of Justinian §33.3.7.pr

Indivisibility of a Right of Way and Claims Against Heirs

Passage 5002 of 9271 · Latin

Summary

Paulus explains that when an indivisible right of way is bequeathed by several instituted heirs, each heir can be sued for the whole, because the right can be claimed as soon as even one of the heirs accepts the inheritance.

[PAULUS libro uicesimo primo quaestionum. ] §33.3.7.prCum a pluribus heredibus institutis uia legata est, quia partem non recipit, singuli heredes in solidum conueniuntur, quia et uno ex heredibus adeunte uindicari potest.
[PAULUS, in the twenty-first book of Questions.] When a right of way is bequeathed by several instituted heirs, since it does not admit of division, the individual heirs are sued for the whole, because it can be claimed even when only one of the heirs has accepted the inheritance.

Notes

  1. §33.3.7.prpartem non recipit — Meaning 'does not admit of a part.' It refers to the legal principle that servitudes, such as a right of way (uia), are indivisible rights (ius indiuiduum) and therefore cannot be established or performed in part.
  2. §33.3.7.pruno ex heredibus adeunte — An ablative absolute construction with the present participle adeunte (from adire, 'to enter upon' or 'accept the inheritance') modified by uno ex heredibus, meaning 'when/since one of the heirs accepts the inheritance.'

Cite this passage

Justinian I, The Digest of Justinian §33.3.7.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:33.3.7.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.