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Justinian I · The Digest of Justinian §43.12.4.pr

Prohibition of Building a Private Bridge on a Public River

Passage 7071 of 9271 · Latin

Summary

In response to the question of whether a person owning houses on both banks of a public river can construct a private bridge, the jurist answers that it is not permitted.

[SCAEUOLA libro quinto responsorum. ] §43.12.4.prQuaesitum est, an is, qui in utraque ripa fluminis publici domus habeat, pontem priuati iuris facere potest.
[SCAEVOLA on Responses, Book 5] The question was asked whether one who has houses on both banks of a public river can construct a bridge under private law.
respondit non posse.
He replied that he cannot.

Notes

  1. §43.12.4.prpotest — In the clause introduced by the indirect question particle an, classical grammar would normally expect the subjunctive mood (possit). However, the indicative present third-person singular potest is used here, reflecting either colloquial influence or a syntactic retention of the direct question form.
  2. §43.12.4.prnon posse — In the accusative with infinitive (A.C.I.) construction following respondit ("he replied"), the subject accusative (such as eum) and the main infinitive (facere) are omitted, meaning that the full clause is understood as [eum pontem facere] non posse ("that he cannot construct a bridge").

Cite this passage

Justinian I, The Digest of Justinian §43.12.4.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:43.12.4.pr

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