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Justinian I · The Digest of Justinian §8.6.20.pr

Preservation of Servitude Through Use by Third Parties

Passage 1506 of 9271 · Latin

Summary

This section defines which individuals' use of a servitude (such as a hired hand, guest, physician, visitor, tenant farmer, or usufructuary) is sufficient to retain the right on behalf of the owner.

[SCAEUOLA libro primo regularum. ] §8.6.20.prUsu retinetur seruitus, cum ipse cui debetur utitur quiue in possessionem eius est aut mercennarius aut hospes aut medicus quiue ad uisitandum dominum uenit uel colonus aut fructuarius:
[SCAEUOLA, from the first book of Rules.] A servitude is retained by use, when the person himself to whom it is owed uses it, or someone who is in his possession, such as a hired hand, a guest, a physician, or one who comes to visit the master, or a tenant farmer, or a usufructuary:

Notes

  1. §8.6.20.prcui debetur — The antecedent of the relative pronoun cui is ipse. debetur is passive, meaning "(the servitude) is owed to." Thus, the phrase refers to the person entitled to the servitude (the owner of the dominant tenement).
  2. §8.6.20.prin possessionem eius — The accusative possessionem is used with the preposition in to express state or location ("under his control or in his household"), functions typically held by the ablative possessione. eius refers back to cui debetur (the owner of the servitude, who is the dominus).

Cite this passage

Justinian I, The Digest of Justinian §8.6.20.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:8.6.20.pr

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