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Justinian I · The Digest of Justinian §19.2.12.pr

Damages from Fire Set by a Third Party in Lease Actions

Passage 2833 of 9271 · Latin

Summary

It states that even if a third party sets a fire, account of the damage will be taken in the action based on the lease.

[HERMOGENIANUS libro secundo iuris epitomarum. ] §19.2.12.prSed etsi quilibet extraneus ignem iniecerit, damni locati iudicio habebitur ratio.
[HERMOGENIANUS, Epitomes of Law, book 2] But even if any outsider has set the fire, account of the damage will be taken in the action on the lease.

Notes

  1. §19.2.12.prlocati iudicio — A combination of locati, the genitive of the noun locatum (letting/lease), and iudicio (ablative), meaning trial or action. This refers to the legal proceedings based on the action on letting (actio locati) initiated by the lessor (locator) against the lessee (conductor).
  2. §19.2.12.prdamni ... ratio habebitur — The phrase ratio habebitur (future passive, meaning "account will be taken" or "reckoning will be made") governing the genitive damni (of the damage). It implies that even if the immediate arsonist was a third party, the damage will be taken into account for liability under the lease if the lessee was guilty of negligence in custody or had breached a prior agreement.

Cite this passage

Justinian I, The Digest of Justinian §19.2.12.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:19.2.12.pr

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