[IDEM libro quinto regularum. ] §41.1.15.prQui autem in ripa fluminis aedificat, non suum facit.
[THE SAME, Rules, book 5] However, he who builds on the bank of a river does not make it his own.
Justinian I · The Digest of Justinian §41.1.15.pr
No Acquisition of Ownership by Building on a Riverbank
Summary
Explains that, unlike on the seashore, anyone who builds on a riverbank does not make what is built his own.
Notes
- 41.1.15.prnon suum facit — Meaning "does not make it his own." This stands in contrast to "eius erit" (it will be his) in §41.1.14.pr regarding building on the seashore. Although the object of "suum facit" is not explicitly stated, it refers to the building (aedificium) or the site (locus). Since the ownership (proprietas) of riverbanks belongs to the owners of the adjacent estates while only their use (usus) is public, the doctrine of acquisition by prior occupation does not apply here as it does on public seashores.
Cite this passage
Justinian I, The Digest of Justinian §41.1.15.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:41.1.15.pr
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