Humanitext Reader

Justinian I · The Digest of Justinian §8.5.21.pr

Granting a Servitude of Aqueduct for Undiscovered Water

Passage 1486 of 9271 · Latin

Summary

On the question of whether a servitude can be established for water that has not yet appeared, Labeo denies the possibility, whereas Paulus counters that it can be granted by an agreement allowing search and subsequent conduction.

[LABEO libro primo pithanon a Paulo epitomatorum. ] §8.5.21.prSi qua aqua nondum apparet, eius iter ductus constitui non potest.
[From Labeo's "Pithana" (Plausible Views), Book 1, epitomized by Paulus] If any water does not yet appear, the right of passage and conduit for it cannot be established.
PAULUS: immo puto idcirco id falsum esse, quia cedi potest, ut aquam quaereres et inuentam ducere liceret.
PAULUS: On the contrary, I think that this is false for this reason, because it can be granted that you may search for water and be permitted to conduct it when found.

Notes

  1. §8.5.21.preius iter ductus — The juxtaposition of the nouns iter (right of way for water) and ductus (right of conduit, short for aquaeductus), referring to the specific types of servitude relative to the preceding aqua.
  2. §8.5.21.prcedi — The present passive infinitive of cedere (to grant or establish a right by agreement). It functions with the impersonal cedi potest (it can be granted), taking the subsequent ut-clause (ut... liceret) as its subject-matter.
  3. §8.5.21.prquaereres... liceret — Subjunctive imperfect. Although the main verb puto is in the present tense, the contents of the agreement (the ut-clause) are treated as potential or prospective, resulting in a sequence of tenses aligned with a past or historical perspective.

Cite this passage

Justinian I, The Digest of Justinian §8.5.21.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:8.5.21.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.