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Justinian I · The Digest of Justinian §6.1.39.pr-6.1.39.1

Ownership of Building Materials and Recovery of Pledged Land

Passage 1110 of 9271 · Latin

Summary

This chunk describes the ownership of materials used by contractors and details Julian's view on a woman's right to reclaim pledged land via an action in rem after interceding for another's debt.

[ULPIANUS libro septimo decimo ad edictum. ] §6.1.39.prRedemptores, qui suis cementis aedificant, statim cementa faciunt eorum, in quorum solo aedificant.
[ULPIAN, in the seventeenth book on the Edict.] Contractors who build with their own materials immediately make the materials the property of those on whose soil they build.
§6.1.39.1Iulianus recte scribit libro duodecimo digestorum mulierem, quae intercedens fundum pignori dedit, quamuis a creditore distractum posse in rem actione petere:
Julian rightly writes in the twelfth book of his Digest that a woman who, by way of intercession, gave a tract of land as a pledge, can, even though it has been sold by the creditor, claim it by an action in rem.

Notes

  1. 6.1.39.prcementa faciunt eorum — The verb facere (faciunt) combined with the genitive eorum expresses the attribution of ownership ('make them the property of...'). The pronoun eorum is the antecedent of the relative quorum.
  2. 6.1.39.1intercedens — A present participle referring to the legal act of intercession (intercessio), i.e., guaranteeing or providing collateral for another's debt.
  3. 6.1.39.1posse — The infinitive in the accusative-with-infinitive (A.C.I.) construction introduced by Iulianus recte scribit, with the accusative mulierem acting as its subject. The participle distractum modifies fundum (the object of dedit).

Cite this passage

Justinian I, The Digest of Justinian §6.1.39.pr-6.1.39.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:6.1.39.pr-6.1.39.1

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