Humanitext Reader

Justinian I · The Digest of Justinian §44.4.14.pr

Expense Recovery for Building on Another's Land and Fraud

Passage 7277 of 9271 · Latin

Summary

Paulus states that a person who built on another's land can recover his expenses only if he is in possession and opposes the owner's recovery lawsuit by raising an exception of fraud.

[IDEM libro tertio responsorum. ] §44.4.14.prPaulus respondit eum, qui in alieno solo aedificium extruxerit, non alias sumptus consequi posse, quam possideat et ab eo dominus soli rem uindicet, scilicet opposita doli mali exceptione.
[THE SAME in the third book of Opinions.] Paulus answered that he who has built a building on another's ground cannot recover his expenses otherwise than if he is in possession and the owner of the ground claims the property from him, namely, by opposing the exception of fraud.

Notes

  1. §44.4.14.prnon alias... quam — A correlative construction meaning "not otherwise than," which functions as "only if." It introduces the subjunctive present verbs possideat and uindicet to express conditional limitations.
  2. §44.4.14.propposita doli mali exceptione — An ablative absolute consisting of the noun exceptione and the participle opposita. It functions as an adverbial phrase of means or condition ("by opposing the exception of fraud") modifying the main infinitive clause non alias sumptus consequi posse.

Cite this passage

Justinian I, The Digest of Justinian §44.4.14.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:44.4.14.pr

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