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Justinian I · The Digest of Justinian §50.16.90.pr

The Clause Best and Greatest and Freedom from Servitudes

Passage 8904 of 9271 · Latin

Summary

Ulpian explains that the formula 'as they are best and greatest' in property transfer does not guarantee that the house enjoys any servitudes, but merely indicates that the property itself is free from any servitudes or encumbrances.

[ULPIANUS libro uicensimo septimo ad Sabinum. ] §50.16.90.prQui 'uti optimae maximaeque sunt' aedes tradit, non hoc dicit seruitutem illis deberi, sed illud solum ipsas aedes liberas esse, hoc est nulli seruire.
[ULPIAN, On Sabinus, book 27.] He who transfers a house 'as they are best and greatest' does not mean by this that a servitude is owed to them, but only that the house itself is free, that is, it serves no other.

Notes

  1. §50.16.90.pruti optimae maximaeque sunt — A classical formula in Roman private and public law. Originally used to denote that sacred properties (such as temples) were completely free from any secular or third-party restrictions. In ordinary property transactions, it serves as a warranty that the land or building being transferred is entirely free from any private-law encumbrances or servitudes (liberas esse) in favor of others.
  2. §50.16.90.prseruitutem illis deberi — Accusative with infinitive clause serving as the object of dicit. In the context of property law, the passive form deberi (from debeo) indicates that a servitude is "owed to" or "due to" the house (illis, dative, referring to aedes), meaning that the house enjoys a servitude as a dominant tenement. The passage clarifies that the transferor is not asserting (dicit) that the house has such active servitudes attached to it.
  3. §50.16.90.prnulli seruire — Accusative with infinitive clause with ipsas aedes as its subject. The verb seruire (which takes the dative) means "to serve" or "to be subject to." Here, it expresses that the house does not bear any servitudes in favor of any other property (nulli, dative "to no one / to nothing," i.e., it is not a servient tenement). It is a concrete restatement of the preceding phrase liberas esse (to be free).

Cite this passage

Justinian I, The Digest of Justinian §50.16.90.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.16.90.pr

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