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Justinian I · The Digest of Justinian §8.6.5.pr

Retention of Servitude Through Exercise by Third Parties

Passage 1491 of 9271 · Latin

Summary

Paulus explains that a servitude is retained and prevented from being lost through its use by a partner, a usufructuary, or a possessor in good faith.

[IDEM libro sexagensimo sexto ad edictum. ] §8.6.5.prSeruitus et per socium et fructuarium et bonae fidei possessorem nobis retinetur.
[THE SAME, from the sixty-sixth book on the edict.] A servitude is retained for us through a partner, a usufructuary, and a possessor in good faith as well.

Notes

  1. §8.6.5.prnobis — The dative nobis used with the passive verb retinetur can be interpreted either as a dative of agent ('retained by us') or, more commonly, as a dative of advantage ('retained for us'), indicating the landowners who hold the servitude.
  2. §8.6.5.pret per socium et fructuarium et bonae fidei possessorem — The preposition per governs the accusatives socium, fructuarium, and possessorem (modified by the genitive bonae fidei). It indicates that the exercise of a servitude, which prevents its loss by non-use, can be performed through these third parties acting on behalf of or in relation to the owner.

Cite this passage

Justinian I, The Digest of Justinian §8.6.5.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:8.6.5.pr

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