Humanitext Reader

Justinian I · The Digest of Justinian §41.1.28.pr

Ownership of a Structure Built on Another's Wall

Passage 6658 of 9271 · Latin

Summary

Regarding the ownership of a structure built by a neighbor on top of one's own wall, the text contrasts the opinion of Labeo and Sabinus with that of Proculus, endorsing the latter's view that it belongs to the owner of the wall.

[IDEM libro trigensimo tertio ad Sabinum. ] §41.1.28.prSi supra tuum parietem uicinus aedificauerit, proprium eius id quod aedificauerit fieri Labeo et Sabinus aiunt: sed Proculus tuum proprium, quemadmodum tuum fieret, quod in solo tuo alius aedificasset: quod uerius est.
[THE SAME, On Sabinus, book 33] If a neighbor has built upon your wall, Labeo and Sabinus say that what he has built becomes his property; but Proculus says that it becomes your property, just as what another has built on your ground would become yours; and this is the truer view.

Notes

  1. §41.1.28.prtuum proprium — The phrase fieri ait ('says that it becomes') is understood after Proculus, where tuum proprium functions as the predicate in an accusative and infinitive construction, contrasting with proprium eius ... fieri in the opinion of Labeo and Sabinus.
  2. §41.1.28.prquemadmodum tuum fieret, quod in solo tuo alius aedificasset — In the clause introduced by quemadmodum ('just as'), fieret (subjunctive imperfect) and aedificasset (subjunctive pluperfect) express a hypothetical comparison: 'just as what another had built on your ground would become yours' (based on the principle of superficies solo cedit).

Cite this passage

Justinian I, The Digest of Justinian §41.1.28.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:41.1.28.pr

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