[GAIUS libro decimo ad edictum prouinciale. ] §19.2.34.prperinde ac latronum incursu id acciderit.
[GAIUS, from the tenth book on the Provincial Edict.] just as if that had happened by an incursion of robbers.
Justinian I · The Digest of Justinian §19.2.34.pr
Impediment to Enjoyment of Lease by Force Majeure or Robbery
Summary
Gaius indicates that the prevention of enjoyment of the leased property by irresistible force should be treated just as if it had occurred due to an incursion of robbers.
Notes
- 19.2.34.prperinde ac latronum incursu id acciderit — A hypothetical comparison clause introduced by the conjunction phrase perinde ac (just as if) with the perfect subjunctive acciderit. The pronoun id refers to the disturbance of enjoyment of the leased property by force majeure (vis maior) discussed at the end of the preceding fragment (D. 19.2.33.pr). The phrase latronum incursu (by an incursion of robbers) is an ablative of cause, providing a typical example of force majeure.
Cite this passage
Justinian I, The Digest of Justinian §19.2.34.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:19.2.34.pr
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