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Justinian I · The Digest of Justinian §43.11.3.pr-43.11.3.1

Action for Road Diversion and Duty of Repair on Plowers

Passage 7066 of 9271 · Latin

Summary

This passage rules on the scope of damages in an action for restoring a public road unlawfully diverted onto a neighbor's land, and the sole obligation to repair imposed on anyone who plows up a public road.

[PAULUS libro primo sententiarum. ] §43.11.3.prSi in agrum uicini uiam publicam quis reiecerit, tantum in eum uiae receptae actio dabitur, quanti eius interest, cuius fundo iniuria irrogata est.
[PAULUS, Opinions, Book 1] If anyone diverts a public road onto a neighbor's land, an action for the recovery of the road will be granted against him only for the amount of the interest of the person whose land suffered the wrong.
§43.11.3.1Qui uiam publicam exarauerit, ad munitionem eius solus compellitur.
Anyone who plows up a public road is solely compelled to repair it.

Notes

  1. §43.11.3.pruiae receptae actio — A genitive phrase consisting of the genitive singular of uia (road) and the perfect passive participle receptae (from recipio, to recover). It is a technical legal term meaning 'an action for the road recovered' or 'for the restoration of the road'.
  2. §43.11.3.prquanti eius interest — The impersonal verb interest ('it concerns' or 'is of interest') is constructed with the genitive of price/value quanti ('for how much') and the genitive of the person concerned eius. Here eius serves as the antecedent of the relative pronoun cuius; the entire clause indicates that the damages are limited to the amount of the interest of the injured landowner.
  3. §43.11.3.1exarauerit — The third-person singular future perfect (or perfect subjunctive) of exaro (to plow up, dig up). It refers to the act of unlawfully plowing up public land for cultivation, thereby destroying the road. The future perfect denotes an action prior to the present passive compellitur in the main clause.

Cite this passage

Justinian I, The Digest of Justinian §43.11.3.pr-43.11.3.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:43.11.3.pr-43.11.3.1

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