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Justinian I · The Digest of Justinian §8.2.34.pr

Establishment of a Servitude upon Transfer of Land

Passage 1402 of 9271 · Latin

Summary

Explains that an owner of two areas can establish a servitude on one of them in favor of the other when transferring its ownership.

[IULIANUS libro secundo ex Minicio. ] §8.2.34.prEt qui duas areas habet, alteram tradendo seruam alteri efficere potest.
[JULIANUS, in the second book of Epitomes of Minicius.] And he who owns two areas can, by transferring one of them, make it subject to a servitude to the other.

Notes

  1. §8.2.34.prtradendo — Ablative of the gerund of trado (to transfer, deliver), expressing either means ('by transferring') or time ('upon transfer'). Legally, it means that an owner of two areas can establish a servitude in favor of one of them through the act of transferring ownership (traditio) of the other to a third party.
  2. §8.2.34.pralteram ... seruam alteri — The feminine accusative adjectives alteram and seruam agree with the contextually omitted feminine noun aream (accusative singular of area), forming a double accusative with efficere ('to make one area subject to a servitude'). The dative alteri (feminine singular) means 'to/for the other area' and modifies seruam.

Cite this passage

Justinian I, The Digest of Justinian §8.2.34.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:8.2.34.pr

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