Justinian I · The Digest of Justinian §8.4.9.pr

Restoration of Extinguished Servitude upon Sale of Inheritance

Passage 1456 of 9271 · Latin

Summary

Discusses that a servitude extinguished by merger through inheritance should be restored to its original state when the inheritance is sold, based on the intention to treat the buyer in the same manner as the heir.

[IDEM libro decimo ad Sabinum. ] §8.4.9.prSi ei, cuius praedium mihi seruiebat, heres exstiti et eam hereditatem tibi uendidi, restitui in pristinum statum seruitus debet, quia id agitur, ut quasi tu heres uidearis exstitisse.

[THE SAME, on Sabinus, book 10] If I became the heir to one whose estate owed a servitude to me, and I sold that inheritance to you, the servitude must be restored to its original state, because the intention is that you should appear, as it were, to have become the heir.

Notes

8.4.9.prmihi seruiebat — Although expressed as "served me," based on the law of servitudes (which attach to the land rather than the person), in this context it means "owed a servitude to my estate (praedium meum)."
8.4.9.prid agitur, ut — An impersonal expression using the passive voice of the verb *ago*, meaning "it is intended that" or "it is agreed that." It indicates that in the contract of sale of the inheritance, the parties intended for the buyer to be placed in substantially the same position as the heir.

Cite this passage

Justinian I, The Digest of Justinian §8.4.9.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:8.4.9.pr

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