Humanitext Reader

Justinian I · The Digest of Justinian §6.1.59.pr

Recovery of Fixtures Detached from Another's Building

Passage 1130 of 9271 · Latin

Summary

Regarding windows and doors fitted into another's building, they belong to the building while joined to it, but once removed, they revert to their former status, allowing the installer to claim them.

[IULIANUS libro sexto ex Minicio. ] §6.1.59.prHabitator in aliena aedificia fenestras et ostia imposuit, eadem post annum dominus aedificiorum dempsit: quaero, is qui imposuerat possetne ea uindicare.
[JULIANUS in the sixth book from Minicius.] An occupant fitted windows and doors into another person's building, and after a year the owner of the building removed them. I ask whether the person who had fitted them could claim them.
respondit posse: nam quae alienis aedificiis conexa essent, ea quamdiu iuncta manerent, eorundem aedificiorum esse, simul atque inde dempta essent, continuo in pristinam causam reuerti.
He replied that he could; for what has been connected to another's building belongs to that same building as long as it remains joined to it, but as soon as it is removed from there, it immediately reverts to its former status.

Notes

  1. §6.1.59.prconexa essent — Since this is a subordinate clause (relative clause) within indirect speech (accusative and infinitive) depending on `respondit`, the pluperfect subjunctive (`conexa essent`) is used. Similarly, the subsequent verbs `manerent` (imperfect subjunctive) and `dempta essent` (pluperfect subjunctive) are in the subjunctive due to being inside indirect speech.
  2. §6.1.59.preorundem aedificiorum — This is a genitive of possession, used with the infinitive `esse` to mean "belongs to the same building." It expresses the legal principle of accession (where the accessory thing is absorbed by the principal).
  3. §6.1.59.prpristinam causam — In this context, `causa` does not mean "cause" or "lawsuit" but rather the "legal status" or "condition" of the property. Therefore, it refers to reverting to its original state of independent ownership prior to being attached to the building.

Cite this passage

Justinian I, The Digest of Justinian §6.1.59.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:6.1.59.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.