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Justinian I · The Digest of Justinian §19.2.1.pr

Formation of Letting and Hiring by Mutual Consent

Passage 2822 of 9271 · Latin

Summary

Paulus states that letting and hiring, being natural and common to all nations, is contracted by mere consent rather than by words, just like sale and purchase.

[PAULUS libro trigesimo quarto ad edictum. ] §19.2.1.prLocatio et conductio cum naturalis sit et omnium gentium, non uerbis, sed consensu contrahitur, sicut emptio et uenditio.
[PAULUS, on the Edict, book thirty-four.] Since letting and hiring is natural and common to all nations, it is contracted not by formal words, but by consent, just like sale and purchase.

Notes

  1. §19.2.1.prcum ... sit — The clause introduced by cum with the subjunctive sit expresses cause ("since" or "because"), explaining the jurisprudential reason why letting and hiring is contracted by consent alone.
  2. §19.2.1.promnium gentium — A genitive meaning "of all nations." It functions as a genitive of characteristic or possession, indicating that the contract belongs to the universal law of nations (ius gentium) and thus does not require the strict formal words of the civil law (ius civile).

Cite this passage

Justinian I, The Digest of Justinian §19.2.1.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:19.2.1.pr

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