Humanitext Reader

Justinian I · The Digest of Justinian §39.3.15.pr

Exceptional Removal of Works Done After Joinder of Issue

Passage 6188 of 9271 · Latin

Summary

This section states that, as an exception, a work constructed after joinder of issue will also be removed if the removal of the preceding work is impossible without it.

[IDEM libro sexto decimo ad Sabinum. ] §39.3.15.prSed interdum opus et quod post litem contestatam factum est tolletur, si id quod antecessit tolli sine eo non potest.
[THE SAME in the sixteenth book on Sabinus.] But sometimes even a work which was constructed after joinder of issue will be removed, if that which preceded cannot be removed without it.

Notes

  1. §39.3.15.propus et quod — The conjunction `et` functions here as an intensifying adverb meaning "even" or "also," indicating an exceptional situation where "even a work constructed after joinder of issue" is to be removed. The relative clause `quod... factum est` modifies `opus`.
  2. §39.3.15.prsine eo — The ablative pronoun `eo` is neuter singular, referring back to the phrase `quod post litem contestatam factum est` (the work constructed after joinder of issue). It points to a situation where it is physically or structurally impossible to remove the preceding work on its own.

Cite this passage

Justinian I, The Digest of Justinian §39.3.15.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:39.3.15.pr

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