[ULPIANUS libro septuagensimo primo ad edictum. ] §39.1.20.prPraetor ait: 'Quem in locum nuntiatum est, ne quid operis noui fieret, qua de re agitur, quod in eo loco, antequam nuntiatio missa fieret aut in ea causa esset, ut remitti deberet, factum est, id restituas'. §39.1.20.1Interdictum hoc proponitur ex huiusmodi causis, edicto expressum est, ne post operis noui nuntiationem quicquam operis fiat, antequam uel nuntiatio missa fiat uel uice nuntiationis missae satisdatio de opere restituendo fuerit interposita.
[ULPIANUS, On the Edict, book 71.] The praetor says: "In the place regarding which notice was given that no new work should be done—which is the matter in question—whatever has been done in that place before the notice was discharged or before it was in a condition where it ought to be discharged, you shall restore." This interdict is proposed for reasons of this kind; it is explicitly stated in the edict that no work should be done after notice of a new work, before either the notice is discharged or, in place of the discharged notice, security has been given for restoring the work.
qui igitur facit, etsi ius faciendi habuit, tamen contra interdictum praetoris facere uidetur et ideo hoc destruere cogitur.
Therefore, he who does so, even if he had the right to do it, is nevertheless deemed to act against the interdict of the praetor and is thus compelled to demolish it.
§39.1.20.2Siue autem uacuus locus sit, ubi nuntiatum est, siue aedificatus, aeque hoc interdicto locus erit.
Whether the place where the notice was given is vacant or built upon, there will equally be room for this interdict.
§39.1.20.3Ait praetor: 'quod factum est, restituas'. quod factum est, iubet restitui, neque interest, iure factum sit an non: siue iure factum est siue non iure factum est, interdictum locum habebit.
The praetor says: "whatever has been done, you shall restore." He orders that what has been done be restored, and it does not matter whether it was done lawfully or not: whether it was done lawfully or unlawfully, the interdict will apply.
§39.1.20.4Quidquid autem ante remissionem fit uel illud quod loco remissionis habetur, pro eo habendum est, atque si nullo iure factum esset.
Moreover, whatever is done before the discharge or before that which is held in place of the discharge must be treated just as if it had been done with no right.
§39.1.20.5Si quis paratus fuerit satisdare, deinde actor stipulari nolit, in ea causa est, ut remitti debeat: nam cum per actorem fiet, apparet in ea causa esse, ut remitti debeat.
If someone was ready to give security, and then the plaintiff is unwilling to stipulate, it is in a condition where it ought to be discharged; for when it is due to the plaintiff, it is clear that it is in a condition where it ought to be discharged.
§39.1.20.6Hoc interdictum perpetuo datur et heredi ceterisque successoribus competit.
This interdict is granted perpetually and is available to the heir and other successors.
§39.1.20.7Aduersus ipsum quoque, qui opus fecit uel factum ratum habuit, interdicto locus erit.
There will also be room for the interdict against the person himself who did the work or who ratified it after it was done.
§39.1.20.8Plane si quaeratur, an in heredem eius, qui opus fecit, interdictum hoc competat, sciendum est Labeonem existimasse in id quod ad eum peruenit dumtaxat dari oportere uel si quid dolo malo ipsius factum sit, quo minus perueniret.
Clearly, if the question is asked whether this interdict lies against the heir of him who did the work, it must be known that Labeo thought it ought to be granted only to the extent of what came to him, or if anything was done by his own malice (dolus malus) to prevent it from coming to him.
nonnulli putant in factum esse dandam quam interdictum, quod uerum est.
Some think that an action on the facts (actio in factum) should be granted rather than the interdict, which is correct.
§39.1.20.9Deinde ait praetor: 'Quem in locum nuntiatum est, ne quid operis noui fieret, qua de re agitur, si de ea re satisdatum est, quod eius cautum sit aut per te stat, quo minus satisdetur: quo minus illi in eo loco opus facere liceat, uim fieri ueto'. §39.1.20.10Hoc interdictum prohibitorium est, ne quis prohibeat facere uolentem eum qui satisdedit: etenim pertinet ad decus urbium aedificia non derelinqui.
Next the praetor says: "In the place regarding which notice was given that no new work should be done—which is the matter in question—if security has been given regarding that matter, for which guarantee has been provided, or if it is due to you that security is not given: I forbid force to be used to prevent him from being allowed to do the work in that place." This interdict is prohibitory, lest anyone prevent him who has given security from wishing to do the work; for indeed, it concerns the beauty of cities that buildings should not be left abandoned.
§39.1.20.11Nec quicquam interest, iure quis aedificet an non iure aedificet, cum sit securus is qui opus nouum nuntiauit, posteaquam ei cautum est.
Nor does it make any difference whether one builds lawfully or unlawfully, since he who gave notice of the new work is secure after guarantee has been made to him.
§39.1.20.12Hoc autem interdictum competit ei qui satisdedit: adicitur et illud 'aut per te stat, quo minus satisdetur'. §39.1.20.13Proinde si satisdatum non est, sed repromissum, interdicto huic locus non erit: neque enim permittendum fuit in publico aedificare, priusquam appareat, quo iure quis aedificet.
This interdict, moreover, is available to him who has given security; and there is also added: "or if it is due to you that security is not given." Therefore, if security (satisdatio) was not given, but only a personal promise (repromissio) was made, there will be no room for this interdict; for it was not to be permitted to build in public before it appears by what right one builds.
§39.1.20.14Et si satisdatum sit, cautum tamen non perseueret, interdictum cessat.
And if security has been given, but the guarantee does not continue to exist, the interdict ceases.
§39.1.20.15Si aliquando stetit per nuntiatorem, quo minus satisdetur, nunc non stat, interdictum cessat.
If at one time it was due to the notifier that security was not given, but now it is not so, the interdict ceases.
§39.1.20.16Hoc interdictum etiam post annum et heredi ceterisque successoribus competit.
This interdict is available even after a year and is available to the heir and other successors.