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Justinian I · The Digest of Justinian §6.1.49.pr-6.1.49.1

The Ground as Part of a Building and Residual Claims

Passage 1120 of 9271 · Latin

Summary

The jurist Celsus argues that the ground is an integral part of the building rather than merely lying beneath it like the sea under ships, and asserts that what remains of one's property can be claimed.

[CELSUS libro octauo decimo digestorum. ] §6.1.49.prSolum partem esse aedium existimo nec alioquin subiacere uti mare nauibus.
[CELSUS in the eighteenth book of the Digests.] I think that the ground is a part of the building, and that it does not otherwise lie beneath it, as the sea does beneath ships.
§6.1.49.1Meum est, quod ex re mea superest, cuius uindicandi ius habeo.
What remains of my property, which I have the right to claim, is mine.

Notes

  1. §6.1.49.prsubiacere — This is an infinitive governed by `existimo` in an accusative-and-infinitive (AcI) construction, taking the preceding `Solum` (accusative) as its subject. Combined with `nec alioquin`, it means "and that it does not otherwise (as an independent entity) lie beneath." In the comparative phrase `uti mare nauibus`, `mare` is the nominative subject and `nauibus` is the dative depending on the omitted verb `subiacet` (or the infinitive `subiacere`).
  2. §6.1.49.1cuius uindicandi — This is a gerundive construction in the genitive case, modifying the noun `ius`. It consists of the relative pronoun `cuius` in the genitive (whose antecedent is the neuter singular `quod`) and the gerundive `uindicandi` agreeing with it in gender and number. Literally, it means "the right of claiming it."

Cite this passage

Justinian I, The Digest of Justinian §6.1.49.pr-6.1.49.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:6.1.49.pr-6.1.49.1

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