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Justinian I · The Digest of Justinian §19.2.50.pr

Lease to a Soldier Mistaken for a Civilian and Enforcement

Passage 2871 of 9271 · Latin

Summary

If a person leases property to a soldier thinking they are a civilian, they are allowed to demand contract fulfillment, as they did not knowingly violate military discipline.

[IDEM libro decimo pandectarum. ] §19.2.50.prSi ignorans quis militi quasi pagano locauerit, exigere illum posse probandum est: non enim contemnit disciplinam, qui ignorauit militem.
[THE SAME, from the tenth book of the Pandects.] If anyone, being ignorant of the fact, has leased to a soldier as if to a civilian, it must be held that he can demand fulfillment; for he who did not know that the person was a soldier does not disregard discipline.

Notes

  1. §19.2.50.prexigere illum posse probandum est — illum is the accusative referring to quis (the lessor), the subject of the conditional clause. The accusative with infinitive clause illum posse ('that he is able') serves as the subject of the gerundive of obligation probandum est ('it must be held/approved'). exigere ('to demand/exact') is a complementary infinitive depending on posse.
  2. §19.2.50.prpagano — Contrastive to miles (soldier), meaning 'civilian' or 'non-military person' here. quasi pagano ('as if to a civilian') modifies militi ('to a soldier').

Cite this passage

Justinian I, The Digest of Justinian §19.2.50.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:19.2.50.pr

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