[IULIANUS libro septimo digestorum. ] §8.2.37.prIdemque esse et si duobus aedes cesserit.
[JULIANUS, in the seventh book of the Digests.] And the same is true even if he has transferred the buildings to two persons.
Justinian I · The Digest of Justinian §8.2.37.pr
Ownership and Insertion of Beams in Inter Vivos Transfers
Summary
This fragment states that the same rule regarding the common ownership and insertion of beams applies when buildings are transferred to two persons through an inter vivos transaction, just as in the case of a bequest.
Notes
- §8.2.37.prcesserit — The third-person singular perfect subjunctive (or future perfect indicative) of the verb cedere (to transfer, yield). The subject is omitted but contextually refers to the original owner (transferor) of the buildings. 'aedes' functions as the accusative plural (the object of the transfer).
- §8.2.37.pridemque esse — An accusative with infinitive clause in indirect speech, indicating that the legal conclusion determined in the preceding fragment (§8.2.36.pr) for the case of a bequest (legauit) applies equally to the case of an inter vivos transfer (cesserit).
Cite this passage
Justinian I, The Digest of Justinian §8.2.37.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:8.2.37.pr
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