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Justinian I · The Digest of Justinian §7.1.30.pr

Usufruct of a Building and Limits on Obstructing Light

Passage 1201 of 9271 · Latin

Summary

Marcellus states that if the usufruct of one of two buildings is bequeathed, the heir can obstruct its light by raising the other building, but this right must be limited so that enough light is left for the occupants to dwell there.

[PAULUS libro tertio ad Sabinum. ] §7.1.30.prSi is, qui binas aedes habeat, aliarum usum fructum legauerit, posse heredem Marcellus scribit alteras altius tollendo obscurare luminibus, quoniam habitari potest etiam obscuratis aedibus.
[PAULUS in the third book on Sabinus.] Marcellus writes that if someone who owns two buildings bequeaths the usufruct of one of them, the heir can obstruct its light by raising the other building higher, because it is still possible to dwell in the building even when its light is obstructed.
quod usque adeo temperandum est, ut non in totum aedes obscurentur, sed modicum lumen, quod habitantibus sufficit, habeant.
This, however, must be qualified to the extent that the building is not completely darkened, but retains a moderate amount of light which is sufficient for its occupants.

Notes

  1. 7.1.30.praliarum — Since aedes is a plurale tantum (a noun used only in the plural to mean 'house' or 'building'), the genitive plural aliarum refers to 'one' of the two buildings. Similarly, the accusative plural alteras later in the sentence refers to 'the other' building.
  2. 7.1.30.prluminibus — An ablative associated with the verb obscurare (to darken, obstruct), meaning 'to deprive of light' or 'to darken in respect of light.'
  3. 7.1.30.prhabitari potest — An impersonal passive construction using the infinitive habitari, literally meaning 'it can be lived in' or 'habitation is possible.'
  4. 7.1.30.prquod usque adeo temperandum est, ut — quod is a connecting relative pronoun referring back to the preceding clause. temperandum est is a gerundive of obligation, which, combined with usque adeo ... ut ('to such an extent that'), means 'this, however, must be qualified/regulated to the extent that...'

Cite this passage

Justinian I, The Digest of Justinian §7.1.30.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:7.1.30.pr

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