[PAULUS libro uicensimo primo ad edictum. ] §8.1.6.prAd certam partem fundi seruitus tam remitti quam constitui potest.
[PAULUS in the twenty-first book on the Edict.] For a certain part of a land, a servitude can be both released and established.
Justinian I · The Digest of Justinian §8.1.6.pr
Establishment and Release of Servitude on Part of Land
Summary
This chunk states that a servitude can be both established and released with respect to a specific part of a land.
Notes
- §8.1.6.prAd certam partem fundi — The preposition ad (governing the accusative) indicates the scope or target ("with respect to" or "for"). It applies to both infinitives remitti (to be released) and constitui (to be established) governed by potest. It signifies that a servitude can be created or extinguished for a specific parcel rather than the entire land.
- §8.1.6.prtam remitti quam constitui — The correlative adverbs tam ... quam ... place the passive infinitives remitti (to be released) and constitui (to be established) on an equal footing. Governed by the main verb potest, they emphasize that a release, just like an establishment, can be effected with respect to a specific part of a land.
Cite this passage
Justinian I, The Digest of Justinian §8.1.6.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:8.1.6.pr
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