Justinian I · The Digest of Justinian §6.1.43.pr

Recovery of Stones Attached to Religious Objects

Passage 1114 of 9271 · Latin

Summary

Discusses the legal status and recovery of stones attached to religious objects, explaining the exceptions before a tomb fulfills its function and the remedy available extra ordinem.

[IDEM libro uigensimo septimo ad edictum. ] §6.1.43.prQuae religiosis adhaerent, religiosa sunt et idcirco nec lapides inaedificati postquam remoti sunt uindicari possunt: in factum autem actione petitori extra ordinem subuenitur, ut is, qui hoc fecit, restituere eos compellatur.

[THE SAME, in the twenty-seventh book on the Edict.] Things which adhere to religious objects are themselves religious, and therefore even stones built into them cannot, after they have been removed, be claimed by vindication; however, the claimant is aided by an action on the facts extra ordinem, so that the person who did this is compelled to restore them.

sed si alieni sine uoluntate domini inaedificati fuerint et nondum functo monumento in hoc detracti erunt, ut reponerentur, poterunt a domino uindicari.

But if another's stones have been built in without the consent of the owner, and before the monument has fulfilled its function they are taken down for the purpose of being replaced, they can be claimed by the owner.

quod si in hoc detracti erunt, ut reponerentur, similiter dominum eos repetere posse constat.

But if they have been taken down for the purpose of being replaced, it is clear that the owner can likewise recover them.

Notes

§6.1.43.prnondum functo monumento — An ablative absolute composed of the noun monumentum and functo, the perfect participle of fungor (to perform, fulfill). Since a tomb (monumentum) becomes a religious object (res religiosa) only upon burial, this refers to the state where the tomb has not yet fulfilled its function (no burial has occurred).
§6.1.43.prquod si in hoc detracti erunt, ut reponerentur — The repetition of the phrase ut reponerentur from the preceding clause suggests a potential textual corruption or dittography. Some critical editions emend it to ut non reponerentur (not to be replaced) or ut abducerentur (to be carried away) to contrast with the prior scenario, but this translation follows the provided Latin text.

Cite this passage

Justinian I, The Digest of Justinian §6.1.43.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:6.1.43.pr

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