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Justinian I · The Digest of Justinian §39.2.31.pr-39.2.31.1

Paving Public Roads and Security Ordered under an Exception

Passage 6155 of 9271 · Latin

Summary

This text discusses the obligation of those who pave public roads and the legal procedure of giving security under an exception when there is a dispute over whether the person required to do so is the owner.

[PAULUS libro septuagensimo octauo ad edictum. ] §39.2.31.prQui uias publicas muniunt, sine damno uicinorum id facere debent.
[PAULUS in the seventy-eighth book on the Edict.] Those who pave public roads ought to do so without damage to their neighbors.
§39.2.31.1Si controuersia sit, dominus sit nec ne is, a quo cautio exigitur, sub exceptione satisdare iubetur.
If there is a dispute whether or not the person from whom security is demanded is the owner, he is ordered to give security under an exception.

Notes

  1. §39.2.31.1dominus sit nec ne is, a quo cautio exigitur — The relative clause `a quo cautio exigitur` modifies `is`, which serves as the subject of the indirect question `dominus sit nec ne` (whether or not he is the owner). This same `is` also functions as the subject of the main clause passive verb `iubetur` (is ordered).
  2. §39.2.31.1sub exceptione — Meaning "with an exception (exceptio)." This refers to giving security with a protective clause (exception) that allows the party to defend against any future claim based on the security, should it later be proven that he was not in fact the owner (and thus not obligated to give security).

Cite this passage

Justinian I, The Digest of Justinian §39.2.31.pr-39.2.31.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:39.2.31.pr-39.2.31.1

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