[PAULUS libro uicensimo septimo ad edictum. ] §8.6.4.prIter sepulchro debitum non utendo numquam amittitur.
[PAULUS, from the twenty-seventh book on the edict.] A right of way owed to a tomb is never lost by non-use.
Justinian I · The Digest of Justinian §8.6.4.pr
Immunity of Right of Way to a Tomb from Extinction by Non-Use
Summary
Paulus states the principle that a right of way access to a tomb is never lost through non-use.
Notes
- §8.6.4.prsepulchro debitum — The perfect passive participle debitum (nominative neuter singular, from debere, "to owe") modifies the subject iter, and sepulchro is the dative of advantage or indirect object, meaning "owed to a tomb" or "due for the benefit of a tomb." This refers to a path whose access is legally guaranteed for a burial site.
- §8.6.4.prnon utendo — The ablative of the gerund utendo from the deponent verb utor ("to use"), accompanied by the negative adverb non. It functions as an ablative of means or cause, meaning "by not using" or "through non-use."
Cite this passage
Justinian I, The Digest of Justinian §8.6.4.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:8.6.4.pr
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