Humanitext Reader

Justinian I · The Digest of Justinian §8.6.14.pr-8.6.14.1

Restoration of Way after Flooding and Obligation to Replace Road

Passage 1500 of 9271 · Latin

Summary

This chunk discusses the restoration of servitudes when land subject to a right of way is temporarily submerged and then restored by alluvion, and the obligation of the nearest neighbor to provide a road when a public road is destroyed.

[IAUOLENUS libro decimo ex Cassio. ] §8.6.14.prSi locus, per quem uia aut iter aut actus debebatur, impetu fluminis occupatus esset et intra tempus, quod ad amittendam seruitutem sufficit, alluuione facta restitutus est, seruitus quoque in pristinum statum restituitur: quod si id tempus praeterierit, ut seruitus amittatur, renouare eam cogendus est.
[JAVOLENUS, from the tenth book on Cassius.] If a place, through which a highway, a footpath, or a driftway was owed, should have been occupied by the force of a river and, within the time which is sufficient for losing a servitude, has been restored by alluvion, the servitude also is restored to its former state; but if that time has elapsed so that the servitude is lost, he must be compelled to renew it.
§8.6.14.1Cum uia publica uel fluminis impetu uel ruina amissa est, uicinus proximus uiam praestare debet.
When a public road is lost either by the force of a river or by a landslide, the nearest neighbor must provide a road.

Notes

  1. §8.6.14.prrestitutus est — Within the conditional clause (si-clause), while the first verb `occupatus esset` is in the subjunctive pluperfect to present a hypothetical situation (submersion), the coordinate verb `restitutus est` is in the indicative perfect, presenting the subsequent restoration as a factual condition.
  2. §8.6.14.prad amittendam seruitutem — The preposition `ad` followed by the gerundive `amittendam` and the noun `seruitutem` (both feminine accusative singular). This is equivalent to a gerund with an object (ad amittendum seruitutem), expressing purpose or sufficiency: "for losing the servitude."
  3. §8.6.14.prcogendus est — A passive periphrastic conjugational form expressing obligation or necessity. The third-person singular subject is not explicitly expressed but refers contextually to the owner of the servient estate (the neighbor) who owes the servitude.

Cite this passage

Justinian I, The Digest of Justinian §8.6.14.pr-8.6.14.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:8.6.14.pr-8.6.14.1

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.