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Justinian I · The Digest of Justinian §8.1.18.pr

Re-establishment of Extinguished Servitudes and Fraud

Passage 1366 of 9271 · Latin

Summary

Paulus' note on the decision that a legatee who refuses to allow the re-establishment of servitudes extinguished by merger upon inheritance will face a plea of fraud.

[PAULUS libro trigensimo primo quaestionum PAPINIANI notat. ] §8.1.18.prIn omnibus seruitutibus, quae aditione confusae sunt, responsum est doli exceptionem nocituram legatario, si non patiatur eas iterum imponi.
[PAULUS in his notes on the thirty-first book of PAPINIAN'S Questions.] In the case of all servitudes which have been extinguished by merger upon the acceptance of an inheritance, it was answered that the plea of fraud will bar the legatee, if he does not allow them to be imposed again.

Notes

  1. §8.1.18.praditione — Ablative noun referring to the acceptance of an inheritance (aditio hereditatis). It expresses the cause or means, describing how the merger (confusio) and consequent extinction of the servitude occurred when the ownership of the properties and the right of servitude came into the hands of the same person through inheritance.
  2. §8.1.18.prnocituram legatario — An accusative-with-infinitve construction with the future infinitive nocituram [esse] (with doli exceptionem as its subject), forming the subject of responsum est. legatario is the dative case governed by the intransitive verb nocere (to harm, to be disadvantageous to).

Cite this passage

Justinian I, The Digest of Justinian §8.1.18.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:8.1.18.pr

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