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Justinian I · The Digest of Justinian §8.6.17.pr

Loss of Right of Way by Non-Use of Right to Draw Water

Passage 1503 of 9271 · Latin

Summary

Labeo's view that if a person holding the right to draw water goes to the spring during the statutory period for losing a servitude but does not draw water, he also loses the accompanying right of way.

[POMPONIUS libro undecimo ex uariis lectionibus. ] §8.6.17.prLabeo ait, si is, qui haustum habet, per tempus, quo seruitus amittitur, ierit ad fontem nec aquam hauserit, iter quoque eum amisis.
[POMPONIUS, from the eleventh book of Various Readings.] Labeo says that if he who has the right of drawing water has gone to the spring during the period in which a servitude is lost, but has not drawn water, he has also lost the right of way.

Notes

  1. §8.6.17.pramisis — The form amisis found in the manuscripts is a scribal error or variant for amisisse (perfect active infinitive). It functions as the infinitive verb in the accusative-with-infinitive construction (Accusativus cum Infinitivo) introduced by the main verb ait, with eum as its subject accusative and iter quoque as its direct object.
  2. §8.6.17.priter quoque — The right of drawing water (haustus) normally presupposes or includes the right of way (iter) to access the spring. Here, although the physical act of passing to the spring took place, the primary purpose of drawing water was not fulfilled; thus, not only the right of drawing water but also the accompanying right of way is lost through non-use.

Cite this passage

Justinian I, The Digest of Justinian §8.6.17.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:8.6.17.pr

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