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Justinian I · The Digest of Justinian §19.1.53.pr-19.1.53.2

Attribution of Rent, Tomb Access, and Reservation of Habitation

Passage 2819 of 9271 · Latin

Summary

Labeo's views and Paulus's corrective commentaries concerning the attribution of rent in the sale of a leased apartment building, the reservation of access to a tomb when selling land, and the reservation of habitation rights for residents in a sales contract.

[LABEO libro primo pithanon. ] §19.1.53.prSi mercedem insulae accessuram esse emptori dictum est, quanti insula locata est, tantum emptori praestetur.
[LABEO in the first book of his Probabilities.] If it has been stated that the rent of an apartment building is to go to the buyer, as much as the apartment building was leased for, so much should be paid to the buyer.
PAULUS: immo si insulam totam uno nomine locaueris et amplioris conductor locauerit et in uendenda insula mercedem emptori cessuram esse dixeris, id accedet, quod tibi totius insulae conductor debebit.
PAULUS: Nay, if you have leased the whole apartment building under a single contract, and the tenant has sublet it for a higher rent, and in selling the apartment building you have stated that the rent is to go to the buyer, that sum will accrue to him which the tenant of the whole apartment building owes to you.
§19.1.53.1Si eum fundum uendidisti, in quo sepulcrum habuisti, nec nominatim tibi sepulchrum excepisti, parum habes eo nomine cautum.
If you have sold a tract of land in which you had a tomb, and did not specifically reserve the tomb for yourself, you have insufficient security in that regard.
PAULUS: minime, si modo in sepulchrum iter publicum transit.
PAULUS: By no means, provided that a public road leads to the tomb.
§19.1.53.2Si habitatoribus habitatio lege uenditionis recepta est, omnibus in ea habitantibus praeter dominum recte recepta habitatio est.
If by the terms of the sale the right of habitation has been reserved for the inhabitants, the right of habitation is correctly reserved for all those dwelling in it, except the owner.
PAULUS: immo si cui in ea insula, quam uendideris, gratis habitationem dederis et sic receperis: 'habitatoribus aut quam quisque diem conductum habet', parum caueris (nominatim enim de his recipi oportuit) itaque eos habitatores emptor insulae habitatione impune prohibebit.
PAULUS: Nay, if you have given free lodging to someone in the apartment building which you sold, and have made the reservation thus: 'for the inhabitants, or for whatever term each has a lease,' you have taken insufficient precaution (for a reservation ought to have been made specifically concerning them); and therefore the buyer of the apartment building will prevent those inhabitants from living there with impunity.

Notes

  1. §19.1.53.prquanti — quanti is a genitive of price, the neuter singular genitive of the relative pronoun quantus corresponding to the antecedent tantum (a neuter noun indicating quantity or amount). Here, it refers to the rental price.
  2. §19.1.53.1parum habes eo nomine cautum — habes (second person singular active) paired with the perfect participle neuter cautum functions similarly to the English construction 'to have something secured'. It means 'you do not have things sufficiently secured on that account', indicating a lack of adequate legal protection.
  3. §19.1.53.2habitatione impune prohibebit — The verb prohibebit (will prevent/exclude) takes the ablative of separation habitatione (from habitation). The adverb impune (with impunity) indicates that the buyer can evict the free occupants without incurring legal liability for breach of contract or tort toward either the seller or the occupants.

Cite this passage

Justinian I, The Digest of Justinian §19.1.53.pr-19.1.53.2. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:19.1.53.pr-19.1.53.2

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