Humanitext Reader

Justinian I · The Digest of Justinian §8.6.15.pr

Preservation of Servitude upon Acquisition of Intervening Land

Passage 1501 of 9271 · Latin

Summary

Discussing the preservation of a servitude when the middle estate is acquired, explaining that the servitude over the first and last estates is not extinguished by merger but can still stand.

[IDEM libro secundo epistularum. ] §8.6.15.prSi, cum seruitus mihi per plures fundos deberetur, medium fundum adquisiui, manere seruitutem puto, quia totiens seruitus confunditur, quotiens uti ea is ad quem pertineat non potest: medio autem fundo adquisito potest consistere, ut per primum et ultimum iter debeatur.
[THE SAME, from the second book of Epistles.]\n\nIf, when a servitude was owed to me through several estates, I acquired the middle estate, I think that the servitude remains, because a servitude is merged only so often as he to whom it belongs cannot use it; but even when the middle estate is acquired, it can stand that a right of way is owed through the first and the last estate.

Notes

  1. 8.6.15.prtotiens seruitus confunditur, quotiens — While totiens ... quotiens usually means "as often as", here it indicates a restrictive condition "only so far as" or "only in so far as". It shows that the merger (confusio) of a servitude occurs only when the person entitled to it is unable to exercise it.
  2. 8.6.15.prpotest consistere, ut per primum et ultimum iter debeatur — The ut-clause (ut ... debeatur) functions as the subject of the verb potest consistere (can stand, can exist). It is interpreted as a noun clause: "that a right of way is owed through the first and the last estate can still stand."
  3. 8.6.15.prmedio autem fundo adquisito — An ablative absolute construction. Accompanied by the conjunction autem (but/however), it carries a concessive nuance ("even though the middle estate is acquired"), reinforcing and specifying the previous statement that the servitude remains.

Cite this passage

Justinian I, The Digest of Justinian §8.6.15.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:8.6.15.pr

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