Justinian I · The Digest of Justinian §8.3.9.pr

Expansion of Permissible Places for Water Servitudes

Passage 1418 of 9271 · Latin

Summary

This section describes the shift in the establishment of servitudes for leading or drawing water, which were traditionally restricted to sources or springs but in modern times can be established from any place whatsoever.

[PAULUS libro primo sententiarum. ] §8.3.9.prSeruitus aquae ducendae uel hauriendae nisi ex capite uel ex fonte constitui non potest: hodie tamen ex quocumque loco constitui solet.

[PAULUS, Sentences, Book 1] servitude of leading water or of drawing water cannot be established except from a source or from a spring; today, however, it is customary for it to be established from any place whatsoever.

Notes

§8.3.9.prex capite uel ex fonte — The term caput (source/head of water) refers to the origin or main head of a water flow, whereas fons (spring) denotes a specific place where water naturally wells up from the ground. Legally, the servitude of leading or drawing water was traditionally restricted to these natural sources, a limitation that was later relaxed as indicated in the latter part of the passage.

Cite this passage

Justinian I, The Digest of Justinian §8.3.9.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:8.3.9.pr

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