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Justinian I · The Digest of Justinian §45.1.95.pr

Conditions for Stipulating the Construction of a Building

Passage 7442 of 9271 · Latin

Summary

It explains that when someone stipulates for the construction of an apartment building, the obligation is validly acquired only if the intended location is clear and if the construction at that location is to the stipulator's interest.

[IDEM libro quinto digestorum. ] §45.1.95.prQui insulam fieri stipulatur, ita demum adquirit obligationem, si apparet, quo in loco fieri insulam uoluerit: si et ibi insulam fieri interest eius.
[THE SAME, Digest, Book 5] He who stipulates for an apartment building to be built acquires an obligation only if it appears in which place he wished the apartment building to be built, and if it is also to his interest for the apartment building to be built there.

Notes

  1. §45.1.95.prinsulam — While it usually means "island," in the context of Roman private law and social history, it refers to a multi-story rental "apartment building" (insula) in urban areas. Here, it is used as the object of a stipulation similar to a construction contract.
  2. §45.1.95.printerest eius — The impersonal verb interest expresses the person concerned in the genitive case (for the third person; the ablative feminine of the possessive pronoun for the first and second persons), and the subject of interest in an infinitive clause. Here, eius (he, the stipulator) is the genitive, and fieri insulam (for the apartment building to be built) is the infinitive clause functioning as the subject of interest.

Cite this passage

Justinian I, The Digest of Justinian §45.1.95.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:45.1.95.pr

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