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Justinian I · The Digest of Justinian §39.2.36.pr

Criteria for the Load-Bearing Fitness of a Party Wall

Passage 6160 of 9271 · Latin

Summary

Paulus cites the majority opinion that a common wall is considered fit if it can support the burdens of both buildings, provided those burdens are legally imposed.

[PAULUS libro decimo ad Sabinum. ] §39.2.36.prSed ita idoneum esse plerique dixerunt, ut utrarumque aedium onera, quae modo iure imponantur, communis paries sustinere possit.
[PAULUS in the tenth book on Sabinus.] But most writers have said that it is fit in such a way that the common wall can support the burdens of both buildings, provided they are imposed by right.

Notes

  1. §39.2.36.pridoneum esse — An accusative with infinitive clause in indirect speech depending on 'dixerunt'. The subject of the infinitive 'esse' is omitted but refers back to the 'wall (paries)' or a pronoun 'eum' representing it, which was described as 'aptus' (fit) in the previous section (§39.2.35.pr).
  2. §39.2.36.prquae modo iure imponantur — The relative pronoun 'quae' (neuter plural nominative) refers back to 'onera' as its antecedent. The subjunctive 'imponantur', combined with the adverb 'modo', introduces a restrictive or conditional clause meaning 'provided that they are imposed by right' (or it is a subjunctive of subordinate clause in indirect speech). 'iure' is an ablative of manner meaning 'by right' or 'lawfully'.

Cite this passage

Justinian I, The Digest of Justinian §39.2.36.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:39.2.36.pr

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