Humanitext Reader

Justinian I · The Digest of Justinian §19.2.3.pr

Transfer of Farm Equipment at Valuation Treated as Sale

Passage 2824 of 9271 · Latin

Summary

Proculus states that when land is leased and the tenant receives equipment at a valuation, the tenant is deemed to hold it as purchased, similar to the case of a valued dowry.

[POMPONIUS libro nono ad Sabinum. ] §19.2.3.prCum fundus locetur, et aestimatum instrumentum colonus accipiat, Proculus ait id agi, ut instrumentum emptum habeat colonus, sicuti fieret, cum quid aestimatum in dotem daretur.
[POMPONIUS, on Sabinus, book nine.] When land is let, and the tenant receives the equipment at a valuation, Proculus says that the intention is for the tenant to hold the equipment as purchased, just as would happen when something is given in dowry at a valuation.

Notes

  1. §19.2.3.prid agi — An accusative with infinitive construction of the impersonal expression id agitur (meaning "it is intended" or "it is agreed"). It functions as the object of the main verb ait, and the following ut clause (noun clause) explains the content of id.
  2. §19.2.3.prinstrumentum emptum habeat — The perfect passive participle emptum is used predicatively with instrumentum, which is the object of the verb habeat. It expresses that the tenant holds the equipment in the status of it having been purchased, implying a transfer of ownership.
  3. §19.2.3.prsicuti fieret, cum... daretur — The imperfect subjunctives fieret and daretur express a hypothetical comparison ("just as would happen if..."). It presents a legal analogy to the case of a dowry given at a valuation (where ownership of the property transfers to the recipient, similar to the tenant's case).

Cite this passage

Justinian I, The Digest of Justinian §19.2.3.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:19.2.3.pr

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