Humanitext Reader

Justinian I · The Digest of Justinian §45.3.17.pr

Stipulation of a Servitude by a Common Slave

Passage 7525 of 9271 · Latin

Summary

This passage explains that if a common slave stipulates for a servitude like a right of way without naming a master, it is acquired only by the co-owner who owns the neighboring land, and in full by each if both own land.

[POMPONIUS libro nono ad Sabinum. ] §45.3.17.prSi communis seruus meus et tuus uiam uel iter uel actum stipuletur sine adiectione nominis nostri, cum ego solus fundum uicinum habeam, soli mihi eam adquirit: quod et si tu fundum habeas, mihi quoque in solidum seruitus adquiritur.
[POMPONIUS, from the ninth book on Sabinus.] If a slave held in common by you and me should stipulate for a right of way, a footpath, or a carriage-way without adding our names, when I alone own the neighboring land, he acquires it for me alone; and even if you also own land, the servitude is acquired for me as well in its entirety.

Notes

  1. §45.3.17.prsoli mihi — The dative singular form 'soli' of the adjective 'solus' modifies 'mihi', indicating the person for whom the acquisition is made ('for me alone').
  2. §45.3.17.prquod et si — The relative pronoun 'quod' at the beginning of the clause functions as a coordinating connective (relative connection), introducing the next logical case with 'et si' ('and even if...').
  3. §45.3.17.prin solidum — A legal adverbial phrase meaning 'in its entirety' or 'undividedly'. Since servitudes (seruitus) are legally indivisible, the right is acquired by each eligible co-owner as a whole rather than in parts.

Cite this passage

Justinian I, The Digest of Justinian §45.3.17.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:45.3.17.pr

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