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Justinian I · The Digest of Justinian §8.2.36.pr

Ownership of Beams in Separately Bequeathed Adjoining Buildings

Passage 1404 of 9271 · Latin

Summary

This section discusses the ownership of shared beams and the admissibility of mutual servitude actions when two buildings sharing a single flooring structure are bequeathed to different persons.

[PAPINIANUS libro septimo quaestionum. ] §8.2.36.prBinas quis aedes habebat una contignatione tectas: utrasque diuersis legauit.
[PAPINIANUS, in the seventh book of Questions.] A certain person owned two buildings covered by a single flooring structure; he bequeathed both to different persons.
dixi, quia magis placeat tignum posse duorum esse ita, ut certae partes cuiusque sint contignationis, ex regione cuiusque domini fore tigna nec ullam inuicem habituros actionem ius non esse immissum habere: nec interest, pure utrisque an sub condicione alteri aedes legatae sint.
I gave the opinion that, since it is more approved that a beam can belong to two persons in such a way that specific parts of the flooring belong to each, the beams will belong to each owner according to his own territory, and they will not have any action against each other to the effect that there is no right to have [the beam] inserted; and it makes no difference whether the buildings were bequeathed to both unconditionally, or to one of them under a condition.

Notes

  1. 8.2.36.prdixi — In the indirect speech introduced by dixi, the main accusative with infinitive clauses showing the conclusion are fore tigna and nec... habituros [esse]. The quia clause provides the reasoning (that a beam can belong to two persons) behind this decision.
  2. 8.2.36.practionem ius non esse immissum habere — This refers to the negative action (actio negatoria) by which a property owner claims that the neighbor has no right to keep a beam inserted. immissum habere expresses the state of keeping the beam inserted.

Cite this passage

Justinian I, The Digest of Justinian §8.2.36.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:8.2.36.pr

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