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Justinian I · The Digest of Justinian §41.4.13.pr

Continuation of Construction Despite Notice and Interruption

Passage 6815 of 9271 · Latin

Summary

Scaevola opines on whether a possession is interrupted when a purchaser in good faith of another's vacant land continues construction despite receiving notice from the landowner before the completion of long-term possession, concluding that it is not.

[SCAEUOLA libro quinto responsorum. ] §41.4.13.prAlienam aream bona fide emit et ante impletam diutinam possessionem aedificare coepit: ei denuntiante domino soli intra tempora diutinae possessionis, perseuerauit: quaero, utrum interpellata sit an coepta durauerit.
[SCAEVOLA, from his fifth book of Opinions.] A person bought another's vacant plot of land in good faith and began to build on it before long-term possession was completed. Although the owner of the ground gave him notice within the period of long-term possession, he persisted. I ask whether the possession was interrupted or whether that which was begun continued.
respondit secundum ea quae proponerentur non esse interpellatam.
Answer: According to the facts proposed, it was not interrupted.

Notes

  1. §41.4.13.prante impletam diutinam possessionem — The preposition ante governing the noun possessionem and the perfect passive participle impletam, functioning like the 'ab urbe condita' construction to mean 'before the completion of long-term possession.'
  2. §41.4.13.prei denuntiante domino soli — An ablative absolute with domino soli (the owner of the ground) as the logical subject and denuntiante as the participle. ei is the dative governed by denuntiante (giving notice to him), referring to the purchaser.
  3. §41.4.13.printerpellata sit — A feminine singular perfect subjunctive form. The subject is omitted but understood from the context to be the feminine noun possessio (possession). Similarly, possessio is understood as the subject accusative of non esse interpellatam in the subsequent response.

Cite this passage

Justinian I, The Digest of Justinian §41.4.13.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:41.4.13.pr

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