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Justinian I · The Digest of Justinian §8.2.39.pr

Mutual Visibility and Capacity to Obstruct for Servitudes

Passage 1407 of 9271 · Latin

Summary

Paulus states that a servitude cannot be imposed on buildings unless both parties have them in sight and one can obstruct the other.

[IDEM libro primo manualium. ] §8.2.39.prnemo enim propriis aedificiis seruitutem imponere potest, nisi et is qui cedit et is cui ceditur in conspectu habeant ea aedificia, ita ut officere alterum alteri possit.
[THE SAME, in the first book of Manuals.] For no one can impose a servitude on his own buildings, unless both he who grants it and he to whom it is granted have those buildings in sight, so that the one can obstruct the other.

Notes

  1. §8.2.39.pris qui cedit et is cui ceditur — Expressions using the verb cedere (to yield, grant). The former is active, meaning "the one who grants (the servitude)," and the latter uses a passive construction with the relative pronoun in the dative cui, meaning "the one to whom it is granted."
  2. §8.2.39.profficere alterum alteri — The verb officere (to obstruct, hinder) governs the dative. The neuter singular pronoun alterum acts as the subject, and the dative alteri acts as its object, meaning "the one (building) can obstruct the other."

Cite this passage

Justinian I, The Digest of Justinian §8.2.39.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:8.2.39.pr

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