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Justinian I · The Digest of Justinian §43.24.20.pr-43.24.20.5

Conditions of Work by Force and Scope of Application

Passage 7147 of 9271 · Latin

Summary

Paulus defines what constitutes a work done "by force," details what actions qualify as a "prohibition," and outlines the scope of the interdict, noting that it does not apply to movables but is available for work done on private, public, sacred, or religious land.

[PAULUS libro tertio decimo ad Sabinum. ] §43.24.20.prUi facit tam is qui prohibitus fecit quam is qui, quo minus prohibeatur, consecutus est periculo puta aduersario denuntiato aut ianua puta praeclusa.
[PAULUS, in the thirteenth book on Sabinus.] A person acts by force both if he does so after being prohibited, and if he has managed to avoid being prohibited, for example, by threatening the adversary with danger or, for example, by locking the door.
§43.24.20.1Prohibitus autem intellegitur quolibet prohibentis actu, id est uel dicentis se prohibere uel manum opponentis lapillumue iactantis prohibendi gratia.
Now, a person is understood to be prohibited by any act whatsoever of the person prohibiting, that is, either of one saying that he prohibits, or of one opposing with his hand, or of one throwing a pebble for the sake of prohibiting.
§43.24.20.2Tamdiu autem ui facit prohibitus, quamdiu res in eodem statu permanebit: nam si postea conuenerit cum aduersario, desinit ui facere.
Furthermore, the person prohibited acts by force for as long as the thing remains in the same state; for if he subsequently comes to an agreement with his adversary, he ceases to act by force.
§43.24.20.3Item si prohibiti heres uel is, qui ab eo emerit, ignorans causam praecedentem fecerit, dicendum esse Pomponius ait non incidere eum in interdictum.
Likewise, Pomponius says that if the heir of the person prohibited, or someone who bought from him, does the work in ignorance of the preceding cause, it must be said that he does not fall under the interdict.
§43.24.20.4Quod in naue fit uel in alia qualibet re uel amplissima, mobili tamen, non continetur hoc interdicto.
What is done on a ship or on any other thing, however large, provided it is movable, is not covered by this interdict.
§43.24.20.5Siue in priuato siue in publico opus fiat siue in loco sacro siue in religioso, interdictum competit.
Whether the work is done on private or public land, or in a sacred or religious place, the interdict is available.

Notes

  1. §43.24.20.prquo minus prohibeatur — The clause quo minus prohibeatur with the subjunctive is used after expressions implying prevention or hindrance to mean "lest he be prohibited" or "from being prohibited." It depends on the main verb consecutus est ("attained" or "managed"), indicating that the actor successfully prevented the adversary from issuing a prohibition.
  2. §43.24.20.1lapillumue iactantis — The genitive participle iactantis stands in apposition to or parallel with prohibentis, modifying the preceding noun actu. The phrase lapillum iactare (throwing a pebble) refers to the formal Roman legal ritual of iactus lapilli, where throwing a pebble served as a symbolic protest against unlawful construction on one's land.
  3. §43.24.20.3dicendum esse Pomponius ait non incidere eum — This is a double infinitive construction where ait is the main verb, taking the accusative with infinitive clause dicendum esse ("that it must be said") as its object, which in turn takes another accusative with infinitive clause non incidere eum... ("that he does not fall under...") as its subject or contents.

Cite this passage

Justinian I, The Digest of Justinian §43.24.20.pr-43.24.20.5. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:43.24.20.pr-43.24.20.5

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