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Justinian I · The Digest of Justinian §39.3.23.pr-39.3.23.2

Public Works, Vectigal Lands, and Dikes in Rainwater Action

Passage 6196 of 9271 · Latin

Summary

This section regulates works excluded from the rainwater action due to public authority, the applicability of the action to vectigal lands, and the conditions under which dikes constructed near rivers on private land fall under the action.

[PAULUS libro sexto decimo ad Sabinum. ] §39.3.23.prQuod principis aut senatus iussu aut ab his, qui primi agros constituerunt, opus factum fuerit, in hoc iudicium non uenit.
[PAULUS in the sixteenth book on Sabinus.] A work which has been constructed by order of the emperor or the senate, or by those who first established the lands, does not come into this trial.
§39.3.23.1Haec actio etiam in uectigalibus agris locum habet.
This action also has place in the case of vectigal lands.
§39.3.23.2Aggeres iuxta flumina in priuato facti in arbitrium aquae pluuiae arcendae ueniunt, etiamsi trans flumen noceant, ita, si memoria eorum exstet et si fieri non debuerunt.
Dikes constructed on private land near rivers come under the arbitration for warding off rainwater, even if they do harm across the river, only in such a case if the memory of them exists and if they ought not to have been constructed.

Notes

  1. §39.3.23.prQuod ... opus — quod is a relative pronoun in the neuter singular, incorporating the noun opus into the relative clause ('a work which was constructed...'). Alternatively, the entire Quod ... factum fuerit clause can be taken as a noun clause ('the fact that a work was constructed...'), serving as the subject, though the legal implication remains the same.
  2. §39.3.23.2ita, si — The combination of the adverb ita and the conjunction si expresses a strict limitation of the condition, meaning 'only if' or 'provided that' (conditional restriction).
  3. §39.3.23.2in arbitrium ... ueniunt — arbitrium refers to arbitration or decision-making. In this context, it means 'to fall under the examination or assessment of an arbiter' in the action for warding off rainwater. This expression is substantially parallel to in hoc iudicium ... uenit in §39.3.23.pr.

Cite this passage

Justinian I, The Digest of Justinian §39.3.23.pr-39.3.23.2. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:39.3.23.pr-39.3.23.2

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