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Justinian I · The Digest of Justinian §6.1.34.pr

Application of Fruit Calculation to Land Added by Alluvion

Passage 1105 of 9271 · Latin

Summary

States that the same rule regarding the calculation of fruits applies if a part is added to the land in question by alluvion.

[IULIANUS libro septimo digestorum. ] §6.1.34.prIdem est et si per alluuionem pars fundo accesserit.
[JULIAN, in the seventh book of the Digests.] The same is true also if a part has been added to the land by alluvion.

Notes

  1. §6.1.34.prIdem est — Meaning "the same is true". This refers to the application of the rule mentioned in the previous fragment (§6.1.33.pr) regarding the inclusion of fruits after a change in the status of the property (such as the loss of usufruct) during litigation, which likewise applies when the land increases by alluvion, meaning the fruits from the added part are also included in the calculation.
  2. §6.1.34.praccesserit — Third-person singular perfect subjunctive (or future perfect indicative) of the verb accedere (to be added). Within the conditional si-clause, it denotes an action that is prior to (or completed in relation to) the main clause idem est (present tense).

Cite this passage

Justinian I, The Digest of Justinian §6.1.34.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:6.1.34.pr

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