Humanitext Reader

Justinian I · The Digest of Justinian §39.1.18.pr-39.1.18.1

Effect of Notice on Common Property and the Builder

Passage 6116 of 9271 · Latin

Summary

The text discusses the effect of a notice of new work on common buildings, distinguishing between cases where all co-owners consent and those where some are ignorant, and states that the key factor is who is the possessor in whose name the work is done, rather than who owns the land.

[PAPINIANUS libro tertio quaestionum. ] §39.1.18.prAedibus communibus si ob opus nouum nuntiatio uni fiat, si quidem ex uoluntate omnium opus fiat, omnes nuntiatio tenebit, si uero quidam ignorent, in solidum obligabitur, qui contra edictum praetoris fecerit.
[PAPINIAN, Questions, book three.] If, in the case of common buildings, a notice of a new work is given to one, if indeed the work is done with the consent of all, the notice will bind all; but if some are ignorant of it, he who has acted contrary to the praetor's edict will be liable for the whole.
§39.1.18.1Nec ad rem pertinet, cuius solum sit, in quo opus fiat, sed quis eius soli possessor inueniatur, modo si eius nomine opus fiat.
Nor does it matter whose land it is on which the work is being done, but who is found to be the possessor of that land, provided that the work is done in his name.

Notes

  1. 39.1.18.prAedibus communibus — Interpreted as an ablative of circumstance ('in the case of common buildings') or an ablative of place. It sets the context where a work is performed on a shared building and notice (nuntiatio) is served to one of the co-owners.
  2. 39.1.18.1modo si — A conjunctional phrase introducing a proviso or restrictive condition ('provided that', 'only if'), taking the subjunctive fiat. It restricts the applicability of the main clause (that the identity of the possessor is what matters).

Cite this passage

Justinian I, The Digest of Justinian §39.1.18.pr-39.1.18.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:39.1.18.pr-39.1.18.1

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.