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Justinian I · The Digest of Justinian §39.2.23.pr

Granting of Possession for Failure to Provide Security

Passage 6146 of 9271 · Latin

Summary

It is ruled that in a stipulation for threatened damage concerning a building, if security is not provided in full, the claimant will be granted entry into possession.

[ULPIANUS libro sexagensimo tertio ad edictum. ] §39.2.23.prIn stipulatione damni infecti, quae aedium nomine interponitur, nisi in solidum fuerit cautum, mittetur in possessionem.
[ULPIAN, on the Edict, book sixty-three.] In the stipulation concerning threatened damage which is entered into on account of a building, unless security is given for the whole amount, [the claimant] will be put into possession.

Notes

  1. §39.2.23.prnisi in solidum fuerit cautum — fuerit cautum is an impersonal passive. The phrase in solidum means "for the whole amount" or "in full," indicating that security must be provided for the entire property, rather than just a partial share.
  2. §39.2.23.prmittetur in possessionem — Although the verb is in the third person singular active, the legal subject is the person seeking security (the neighbor who fears damage). It refers to the 'entry into possession' (missio in possessionem) granted as a legal remedy when security is not provided.

Cite this passage

Justinian I, The Digest of Justinian §39.2.23.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:39.2.23.pr

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