Humanitext Reader

Justinian I · The Digest of Justinian §8.2.40.pr

Opening Windows in a Common Wall Without Light Rights

Passage 1408 of 9271 · Latin

Summary

A response stating that those who do not possess the right of introducing light act without any legal right when they open a common wall to install windows.

[IDEM libro tertio responsorum. ] §8.2.40.prEos, qui ius luminis immittendi non habuerunt, aperto pariete communi nullo iure fenestras immississe respondi.
[THE SAME, in the third book of Responses.] I replied that those who did not have the right of introducing light, having opened a common wall, had introduced windows without any right.

Notes

  1. §8.2.40.praperto pariete communi — An ablative absolute construction consisting of the noun paries (wall, ablative singular pariete), the adjective communis (common, ablative singular communi), and the perfect passive participle aperto (from aperio, to open), expressing the attendant circumstance 'having opened a common wall'.
  2. §8.2.40.prius luminis immittendi — immittendi is the genitive of the gerund (or gerundive) of the verb immitto (to send in, introduce), which modifies the noun ius (right). Literally meaning 'the right of introducing light', it refers to the servitude of light in Roman law.
  3. §8.2.40.prEos ... immississe — An accusative and infinitive construction acting as the object of the main verb respondi (I replied). The accusative eos, modified by the relative clause introduced by qui, is the subject accusative, and immississe (perfect active infinitive of immitto) is the infinitive.

Cite this passage

Justinian I, The Digest of Justinian §8.2.40.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:8.2.40.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.