Justinian I · The Digest of Justinian §44.3.7.pr

Exclusive Fishing Rights by Long Use in Public Rivers

Passage 7251 of 9271 · Latin

Summary

It states the principle that anyone who has fished alone for several years in a branch of a public river can prevent others from exercising the same right.

[MARCIANUS libro tertio institutionum. ] §44.3.7.prSi quisquam in fluminis publici deuerticulo solus pluribus annis piscatus sit, alterum eodem iure uti prohibet.

[MARCIANUS, Institutes, book three] If anyone has fished alone for several years in a branch of a public river, he prevents another from using the same right.

Notes

44.3.7.prpluribus annis — An ablative of duration of time. While classical Latin standardly uses the accusative to express duration, in post-classical and juristic Latin, the ablative is frequently employed to denote the period of time over which an action extends.
44.3.7.pralterum eodem iure uti prohibet — The verb prohibet (whose subject is the quisquam of the conditional clause) takes the construction of an accusative (alterum) with an infinitive (uti), meaning 'prevents someone from doing something'. The deponent infinitive uti governs the ablative, thus taking eodem iure as its object.

Cite this passage

Justinian I, The Digest of Justinian §44.3.7.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:44.3.7.pr

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