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Justinian I · The Digest of Justinian §50.17.61.pr

Right to Repair One's House Without Incurring Harm to Others

Passage 9121 of 9271 · Latin

Summary

This text provides that anyone is allowed to repair their own house, as long as it does not interfere with another person against their will, provided they have no right over that person.

[IDEM libro tertio opinionum. ] §50.17.61.prDomum suam reficere unicuique licet, dum non officiat inuito alteri, in quo ius non habet.
[THE SAME, in the third book of Opinions.] Anyone is permitted to repair his own house, provided that it does not interfere, against his will, with another over whom he has no right.

Notes

  1. §50.17.61.prdum non officiat — The conjunction dum with the present subjunctive officiat introduces a proviso clause meaning "provided that...not" or "so long as...not."
  2. §50.17.61.prinuito alteri — This is the dative complement governed by the intransitive verb officere (to obstruct, interfere with). The adjective inuito agrees with alteri, meaning "to another who is unwilling" or "against another's will."
  3. §50.17.61.prin quo ius non habet — The antecedent of the relative pronoun quo is alteri. The phrase ius in aliquo habere expresses a legal relationship meaning "to have a right (such as a servitude) over someone (or their property)." Here it indicates that the owner has no right to restrict or impose a burden on the neighbor's property.

Cite this passage

Justinian I, The Digest of Justinian §50.17.61.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.17.61.pr

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