- Source
- Digesta Iustiniani Augusti. Mommsen, Theodor & Krueger, Paul, editors. Berlin: Weidmann, 1870.
- Translation
- AI-generated (gemini-3.5-flash) — machine translation; may contain errors
- Languages
- 日本語 · English · 简体中文 · 한국어
- CTS URN
- urn:cts:latinLit:phi2806.phi002.humanitext-lat1:6.3.1.pr-6.3.1.1
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-12
Paulus defines the distinction between tax-paying and non-tax-paying lands owned by cities, and explains the legal principle that perpetual lessees are entitled to an action in rem, even though they do not become owners.
[PAULUS libro uicensimo primo ad edictum.]
[PAULUS on the Edict, book 21]
Agri ciuitatium alii uectigales uocantur, alii non. uectigales uocantur qui in perpetuum locantur, id est hac lege, ut1 tamdiu pro his uectigal pendatur, quamdiu neque ipsis, qui conduxerint, neque his, qui in locum eorum successerunt, auferri eos liceat: non uectigales sunt, qui ita colendi dantur ut priuatim agros nostros colendos dare solemus.
Some of the lands of cities are called tax-paying, others are not. Those are called tax-paying which are leased in perpetuity, that is, under the condition that as long as the tax is paid for them, it is not permitted that they be taken away either from those who leased them, or from those who have succeeded to their position; those are non-tax-paying which are given to be cultivated in the same manner as we are accustomed to give our own lands to be cultivated privately.
Qui in perpetuum fundum fruendum2 conduxerunt a municipibus, quamuis non efficiantur domini, tamen placuit competere eis3 in rem actionem aduersus quemuis possessorem, sed et aduersus ipsos municipes,
Those who have leased a tract of land from the members of a municipality to be enjoyed in perpetuity, although they do not become owners, yet it has been held that an action in rem is available to them against any possessor whatsoever, and even against the members of the municipality themselves,
- 6.3.1.prhac lege, ut
Meaning "under this condition (contractual clause), namely that...". The noun lege (lex), preceded by the demonstrative hac, is clarified appositionally by the ut-clause.
- 6.3.1.1fundum fruendum
The gerundive fruendum modifies the noun fundum (land, estate), expressing the purpose or use of "land to be enjoyed (for use and fruits)".
- 6.3.1.1placuit competere eis
The impersonal verb placuit ("it has been held/decided") takes an accusative-and-infinitive construction as its subject, with the accusative in rem actionem and the infinitive competere. The relative clause Qui ... conduxerunt at the beginning refers to the dative pronoun eis, which functions as the indirect object of the infinitive.