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Justinian I · The Digest of Justinian §41.1.29.pr

Division of an Island Among Riparian Owners

Passage 6659 of 9271 · Latin

Summary

Explicates the rule that a newly formed island in a river is not held in undivided common ownership by riparian owners along the same bank, but is partitioned into specific designated regions in proportion to the frontage of their respective estates.

[PAULUS libro sexto decimo ad Sabinum. ] §41.1.29.prInter eos, qui secundum unam ripam praedia habent, insula in flumine nata non pro indiuiso communis fit, sed regionibus quoque diuisis: quantum enim ante cuiusque eorum ripam est, tantum, ueluti linea in directum per insulam transducta, quisque eorum in ea habebit certis regionibus.
[PAULUS, On Sabinus, book 16] Among those who own estates along the same bank, an island born in a river does not become common property in undivided shares, but rather with its regions also divided; for each of them will have in it, by specific regions, as much as lies in front of his own bank, just as if a line were drawn straight through the island.

Notes

  1. §41.1.29.prsecundum unam ripam — Here, 'unam' means 'one and the same' (side of the bank), referring to the relationship among adjacent landowners situated along the same side of the river, rather than on opposite banks.
  2. §41.1.29.prnon pro indiuiso communis fit, sed regionibus quoque diuisis — A contrast between two forms of co-ownership in Roman law. It indicates that the island does not become common property held in abstract undivided shares (pro indiviso), but is physically partitioned (regionibus diuisis) into specific boundaries assigned to each owner.

Cite this passage

Justinian I, The Digest of Justinian §41.1.29.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:41.1.29.pr

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