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Justinian I · The Digest of Justinian §19.2.4.pr

Termination of Leases at Will by the Lessor's Death

Passage 2825 of 9271 · Latin

Summary

It is established that a lease or a precarious loan made to last at the will of the grantor is terminated by the death of the lessor.

[IDEM libro sexto decimo ad Sabinum. ] §19.2.4.prLocatio precariiuue rogatio ita facta, quoad is, qui eam locasset dedissetue, uellet, morte eius qui locauit tollitur.
[THE SAME, on Sabinus, book sixteen.] A letting, or a request for a precarious loan, so made as to last as long as he who had let or given it should wish, is terminated by the death of the person who let it.

Notes

  1. §19.2.4.prprecariiuue rogatio — The term precarii rogatio (request for a precarious loan) refers to the arrangement for obtaining a precarium, a permissive occupancy that is revocable at the will of the grantor. The suffix -ue means 'or', connecting it with locatio.
  2. §19.2.4.prquoad is, qui eam locasset dedissetue, uellet — The conjunction quoad introduces a temporal limit ('as long as'). The subjunctives locasset (for locavisset) and uellet characterize the subjective condition of the contract ('as long as he should wish').

Cite this passage

Justinian I, The Digest of Justinian §19.2.4.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:19.2.4.pr

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