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Justinian I · The Digest of Justinian §9.2.50.pr

Demolition of a House and Building of Baths Without Consent

Passage 1567 of 9271 · Latin

Summary

It states that against a person who demolishes another's house and builds a bath there without the owner's consent, an action for damages lies, in addition to the natural law consequence that the new building belongs to the landowner.

[ULPIANUS libro sexto opinionum. ] §9.2.50.prQui domum alienam inuito domino demolit et eo loco balneas exstruxit, praeter naturale ius, quod superficies ad dominum soli pertinet, etiam damni dati nomine actioni subicitur.
[ULPIANUS, in the sixth book of Opinions.] He who demolishes another's house against the will of its owner and has built baths in that place, besides the natural law that the superstructure belongs to the owner of the soil, is also subjected to an action under the name of damage caused.

Notes

  1. 9.2.50.prinuito domino — An ablative absolute construction consisting of the noun dominus and the adjective inuitus, meaning 'against the will of the owner' or 'the owner being unwilling'.
  2. 9.2.50.prquod superficies ad dominum soli pertinet — The quod-clause acts as a noun clause in apposition to explain the specific content of the preceding naturale ius (natural law). This refers to the fundamental Roman law principle 'superficies solo cedit' (the superstructure yields to the soil).
  3. 9.2.50.practioni subicitur — The dative case actioni is governed by the passive verb subicitur (is subjected to). In this context, it refers to the action under the Lex Aquilia for damages caused by unlawful destruction.

Cite this passage

Justinian I, The Digest of Justinian §9.2.50.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:9.2.50.pr

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