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Justinian I · The Digest of Justinian §8.2.24.pr

Right to Build Upwards and Limits of the Servitude

Passage 1392 of 9271 · Latin

Summary

Paulus states that the owner of a building that is legally higher has the right to build upwards infinitely above their own building, provided they do not impose a heavier servitude than the lower buildings are obliged to bear.

[PAULUS libro quinto decimo ad Sabinum. ] §8.2.24.prCuius aedificium iure superius est, ei ius est in infinito supra suum aedificium imponere, dum inferiora aedificia non grauiore seruitute oneret quam pati debent.
[PAULUS, in the fifteenth book on Sabinus.] He whose building is by law higher has the right to build upwards to an indefinite extent above his own building, provided that he does not impose on the lower buildings a heavier servitude than they are bound to bear.

Notes

  1. 8.2.24.prCuius ... ei — The relative clause beginning with the genitive relative pronoun 'cuius' precedes and modifies the dative demonstrative pronoun 'ei' in the main clause. The structure literally means 'to him, whose building is...', functioning as the logical subject of the main proposition.
  2. 8.2.24.primponere — Although the verb literally means 'to place upon' or 'to impose', it is used here without a specific direct object (such as 'a building' or 'a structure') in an intransitive or absolute sense, meaning 'to build upwards' or 'to construct above'.
  3. 8.2.24.prdum ... oneret — The conjunction 'dum' followed by the active present subjunctive third-person singular 'oneret' forms a conditional clause of proviso, meaning 'provided that he does not impose' or 'as long as he does not burden'.

Cite this passage

Justinian I, The Digest of Justinian §8.2.24.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:8.2.24.pr

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