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Justinian I · The Digest of Justinian §19.2.21.pr

Rent Proportional to Unpaid Period Before Full Payment

Passage 2842 of 9271 · Latin

Summary

In a case where a lease was agreed upon until the purchase price of a farm was fully paid, Javolenus answers that after the payment is made, the buyer only owes rent proportional to the period when the money remained unpaid.

[IAUOLENUS libro undecimo epistularum. ] §19.2.21.prCum uenderem fundum, conuenit, ut, donec pecunia omnis persolueretur, certa mercede emptor fundum conductum haberet: an soluta pecunia merces accepta fieri debeat? respondit: bona fides exigit, ut quod conuenit fiat: sed non amplius praestat is uenditori, quam pro portione eius temporis, quo pecunia numerata non esset.
[JAVOLENUS, Letters, book 11] I sold a farm, it was agreed that, until all the money was fully paid, the buyer should hold the farm on lease at a certain rent: should the rent be treated as discharged once the money is paid? He answered: good faith requires that what was agreed should be done; but he does not pay more to the seller than in proportion to that period of time during which the money had not been paid.

Notes

  1. §19.2.21.prfundum conductum haberet — The combination of habere with the perfect passive participle conductum ('leased') expresses the continuous state of 'holding the farm on lease' or simply 'leasing' it.
  2. §19.2.21.prsoluta pecunia — An ablative absolute (noun + participle) expressing a condition or time: 'once the money has been paid' or 'if the money is paid'.
  3. §19.2.21.praccepta fieri — The passive form of acceptum facere (to treat as received, or to release from obligation). Here, it poses the question of whether the rent should be treated as discharged once the purchase price is settled.
  4. §19.2.21.prnon amplius praestat is uenditori, quam pro portione eius temporis — The subject is refers to the buyer (emptor). Using the comparative amplius with quam, it states that 'he does not pay more to the seller than in proportion to...', meaning the buyer is only liable for the rent proportional to the period during which the purchase price remained unpaid (quo pecunia numerata non esset).

Cite this passage

Justinian I, The Digest of Justinian §19.2.21.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:19.2.21.pr

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