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Justinian I · The Digest of Justinian §33.7.21.pr

Legacy of Land Without Equipment and Fixed Fixtures

Passage 5081 of 9271 · Latin

Summary

This section explains that when an estate is bequeathed without its equipment, fixed items such as jars, mills, and presses are included, whereas movable objects are generally excluded unless they are built into the buildings.

[POMPONIUS libro primo fideicommissorum. ] §33.7.21.prCum fundus sine instrumento legatus sit, dolia molae oliuariae et praelum et quaecumque infixa inaedificataque sunt fundo legato continentur, nulla autem ex his rebus quae moueri possunt paucis exceptis fundi appellatione continentur.
[POMPONIUS in the first book on Trusts.] an estate has been bequeathed without its equipment, large jars, olive-mills, a press, and whatever things have been fixed and built into the land are contained in the bequeathed estate; but none of those things which can be moved, with a few exceptions, are contained under the designation of "estate".
de molis tum quaeri solet, cum ita adfixae itaue inaedificatae sint, ut partes aedificiorum esse uideantur.
Regarding mills, a question is usually raised only when they are so attached or built-in that they appear to be parts of the buildings.

Notes

  1. 33.7.21.prdolia molae oliuariae et praelum — The subjects dolia (large jars, neuter plural), molae oliuariae (olive-mills, feminine plural), and praelum (press, neuter singular) are coordinated. Although they are technically movable, they are treated as part of the estate because they are fixed (infixa) or built (inaedificata) into it.
  2. 33.7.21.prtum... cum... — A correlative construction ("then... when...") which restricts the scope of the assertion, indicating that the question regarding mills is raised specifically under the circumstance where they are so attached or built-in that they appear to be parts of the building.

Cite this passage

Justinian I, The Digest of Justinian §33.7.21.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:33.7.21.pr

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