Humanitext Reader

Justinian I · The Digest of Justinian §8.4.3.pr

Establishment of a Servitude on Transfer of One Estate

Passage 1450 of 9271 · Latin

Summary

Explains that if an owner of two estates transfers one of them with an agreement that either the transferred estate shall serve the retained one or vice versa, a servitude is legally established.

[GAIUS libro septimo ad edictum prouinciale. ] §8.4.3.prDuorum praediorum dominus si alterum ea lege tibi dederit, ut id praedium quod datur seruiat ei quod ipse retinet, uel contra, iure imposita seruitus intellegitur.
[GAIUS, On the Provincial Edict, Book 7] If the owner of two estates transfers one of them to you on the condition that the estate which is transferred shall be subject to a servitude to the one which he himself retains, or vice versa, a servitude is understood to be legally established.

Notes

  1. 8.4.3.prDuorum praediorum dominus — This nominative noun phrase at the beginning of the sentence anticipates and functions as the logical subject of the verb dederit in the conditional si clause, as well as the subject ipse in the relative clause.
  2. 8.4.3.pruel contra — "Or vice versa" refers to the opposite arrangement: that the estate retained by the transferor (quod ipse retinet) shall be subject to a servitude for the benefit of the estate transferred to you (id praedium quod datur).

Cite this passage

Justinian I, The Digest of Justinian §8.4.3.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:8.4.3.pr

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