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Justinian I · The Digest of Justinian §39.1.14.pr

Notice of New Work by Way-holders and Servitude Actions

Passage 6112 of 9271 · Latin

Summary

Explains that a notice of a new work given by a holder of a right of way against someone building on that path has no legal effect, though he remains free to bring an action to claim his servitude.

[IDEM libro quadragensimo nono digestorum. ] §39.1.14.prQui uiam habet, si opus nouum nuntiauerit aduersus eum, qui in uia aedificat, nihil agit: sed seruitutem uindicare non prohibetur.
[THE SAME, Digest, book forty-nine.] A person who has a right of way effects nothing if he gives notice of a new work against one who is building on the way; but he is not prohibited from claiming the servitude.

Notes

  1. 39.1.14.prnihil agit — Literally "does nothing," but here used in a legal sense meaning "effects nothing" or "is of no legal effect" in terms of remedy.
  2. 39.1.14.pruiam — Here uia (way) refers to the specific rustic praedial servitude of a right of way (via), which stands in contrast with the general term seruitutem at the end of the sentence.

Cite this passage

Justinian I, The Digest of Justinian §39.1.14.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:39.1.14.pr

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