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Justinian I · The Digest of Justinian §50.16.241.pr

Definition of Things Dug Up and Cut Down in Land Sales

Passage 9055 of 9271 · Latin

Summary

Scaevola's definition of 'things dug up and cut down' (rutis caesis), which refers to movable property not annexed to the land or buildings.

[QUINTUS MUCIUS SCAEUOLA libro singulari ὅρων. ] §50.16.241.prIn 'rutis caesis' ea sunt, quae terra non tenentur quaeque opere structili tectorioue non continentur.
[By Quintus Mucius Scaevola, from his single book of Definitions.] Under the category of 'things dug up and cut down' (rutis caesis) are those things which are not held by the earth and which are not contained within masonry or plaster work.

Notes

  1. §50.16.241.prrutis caesis — A traditional Roman legal term derived from the neuter plural perfect passive participles of ruere (to dig up, throw up) and caedere (to cut down). It refers to movable property (such as excavated gravel or felled timber) that is not annexed to the land or building and thus can be retained and taken away by the seller. Here it is in the ablative case governed by the preposition in.
  2. §50.16.241.propere structili tectorioue — Both words are in the ablative, expressing the means or place with the passive verb continentur. Opus structile refers to masonry or construction work made by piling up stones or bricks, while opus tectorium (tectorio with the enclitic -ue) refers to plastering or stucco work used to finish walls. Objects not integrated into these structures are considered movable property.

Cite this passage

Justinian I, The Digest of Justinian §50.16.241.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.16.241.pr

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