[PAULUS libro trigesimo quarto ad edictum. ] §19.2.24.prSi in lege locationis comprehensum sit, ut arbitratu domini opus adprobetur, perinde habetur, ac si uiri boni arbitrium comprehensum fuisset, idemque seruatur, si alterius cuiuslibet arbitrium comprehensum sit: nam fides bona exigit, ut arbitrium tale praestetur, quale uiro bono conuenit.
[PAULUS, On the Edict, book 34] If it is contained in the terms of the lease that the work is to be approved at the discretion of the owner, it is held in the same way as if the discretion of an honest man had been specified, and the same rule is observed if the discretion of any other person is specified; for good faith requires that such discretion be exercised as is fitting for an honest man.
idque arbitrium ad qualitatem operis, non ad prorogandum tempus, quod lege finitum sit, pertinet, nisi id ipsum lege comprehensum sit.
And this discretion relates to the quality of the work, not to extending the time which has been limited by the lease, unless this very thing has been included in the terms.
quibus consequens est, ut irrita sit adprobatio dolo conductoris facta, ut ex locato agi possit.
From which it follows that an approval made through the fraud of the contractor is void, so that an action on the lease can be brought.
§19.2.24.1Si colonus locauerit fundum, res posterioris conductoris domino non obligantur: sed fructus in causa pignoris manent, quemadmodum essent, si primus colonus eos percepisset.
If a tenant farmer sublets a tract of land, the property of the second tenant is not bound to the owner of the land; but the fruits remain subject to the pledge, just as they would be if the first tenant had harvested them.
§19.2.24.2Si domus uel fundus in quinquennium pensionibus locatus sit, potest dominus, si deseruerit habitationem uel fundi culturam colonus uel inquilinus, cum eis statim agere.
If a house or land is leased for five years for annual rents, the owner can bring an action against them immediately if the tenant farmer or house tenant deserts the dwelling or the cultivation of the land.
§19.2.24.3Sed et de his, quae praesenti die praestare debuerunt, uelut opus aliquod efficerent, propagationes facerent, agere similiter potest.
But he can likewise bring an action concerning those things which they ought to have performed by the present day, such as completing some work or making plantings.
§19.2.24.4Colonus, si ei frui non liceat, totius quinquennii nomine statim recte aget, etsi reliquis annis dominus fundi frui patiatur: nec enim semper liberabitur dominus eo, quod secundo uel tertio anno patietur fundo frui.
A tenant farmer, if he is not allowed to enjoy the property, will immediately and rightly bring an action on account of the entire five-year period, even if the owner of the land allows him to enjoy it in the remaining years; for the owner will not always be discharged by the fact that he allows him to enjoy the land in the second or third year.
nam qui expulsus a conductione in aliam se coloniam contulit, non suffecturus duabus neque ipse pensionum nomine obligatus erit et quantum per singulos annos compendii facturus erat, consequetur: sera est enim patientia fruendi, quae offertur eo tempore, quo frui colonus aliis rebus illigatus non potest.
For he who, having been expelled from his tenancy, has moved to another farm, will not be sufficient for both, nor will he himself be bound on account of the rents, and he will recover as much profit as he would have made in each year; for an offer to allow enjoyment is too late if it is made at a time when the tenant, being bound to other affairs, cannot enjoy it.
quod si paucis diebus prohibuit, deinde paenitentiam agit omniaque colono in integro sunt, nihil ex obligatione paucorum dierum mora minuet.
But if the owner prevented him for only a few days, and then changes his mind while everything remains intact for the tenant, the delay of a few days will detract nothing from the obligation.
item utiliter ex conducto agit is, cui secundum conuentionem non praestantur quae conuenerant, siue prohibeatur frui a domino uel ab extraneo quem dominus prohibere potest.
Likewise, he to whom the things agreed upon are not performed according to the agreement, brings an action on the lease effectively, whether he is prevented from enjoying by the owner or by a third party whom the owner could have prevented.
§19.2.24.5Qui in plures annos fundum locauerat, testamento suo damnauit heredem, ut conductorem liberaret.
A person who had leased land for several years directed his heir in his will to release the tenant.
si non patiatur heres eum reliquo tempore frui, est ex conducto actio: quod si patiatur nec mercedes remittat, ex testamento tenetur.
If the heir does not allow him to enjoy the land for the remaining time, there is an action on the lease; but if he allows him to enjoy it but does not remit the rent, he is held under the will.