Justinian I · The Digest of Justinian §39.5.14.pr

Land Cultivation as a Gift and Denial of Retention Right

Passage 6229 of 9271 · Latin

Summary

A person who cultivates another's land for the purpose of a donation cannot claim any right of retention for his expenses, as the materials he invested immediately become the property of the landowner.

[IULIANUS libro septimo decimo digestorum. ] §39.5.14.prQui alienum fundum donationis causa excolit, nullam retentionem propter impensas faciet, quia domini res ab eo iniectas continuo efficit.

[JULIANUS in the seventeenth book of the digests.] A person who cultivates someone else's land for the purpose of a donation will make no retention on account of expenses, because he immediately makes the things thrown in by him the property of the owner.

Notes

14.prdomini res ab eo iniectas continuo efficit — The genitive domini functions as a possessive genitive acting as a predicate to the transitive verb efficit (makes/renders). The accusative object is res ab eo iniectas (the things thrown in by him), meaning 'he immediately makes the things thrown in by him the property of the owner'.

Cite this passage

Justinian I, The Digest of Justinian §39.5.14.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:39.5.14.pr

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