Humanitext Reader

Justinian I · The Digest of Justinian §47.3.2.pr

Property Vindication After Action on Joined Materials

Passage 7957 of 9271 · Latin

Summary

The author discusses whether a property vindication can be brought separately when an action has already been initiated on account of a stolen timber incorporated into a building, and concludes that it is indeed possible.

[IDEM libro quadragensimo secundo ad Sabinum. ] §47.3.2.prSed si proponas tigni furtiui nomine aedibus iuncti actum, deliberari poterit, an extrinsecus sit rei uindicatio.
[THE SAME, in his forty-second book on Sabinus.] But if you assume that an action has been brought on account of a stolen timber incorporated into a building, it may be considered whether there is a vindication of the property from without.
et esse non dubito.
And I do not doubt that there is.

Notes

  1. §47.3.2.practum — Part of an accusative with infinitive clause (actum [esse]) acting as the object of proponas ("if you assume"). It represents an impersonal passive construction meaning "that an action has been brought," specifically referring to the action for double value mentioned in the previous section.
  2. §47.3.2.prextrinsecus — An adverb meaning "from without" or "externally." In this context, it means "separately" or "additionally," referring to whether a general property vindication can be brought in addition to the specific action for double value.
  3. §47.3.2.presse — An infinitive depending on non dubito ("I do not doubt"). The subject of this infinitive, rei uindicationem [extrinsecus], is understood from the preceding clause, meaning "that it [the property vindication] exists [separately]."

Cite this passage

Justinian I, The Digest of Justinian §47.3.2.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:47.3.2.pr

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