Humanitext Reader

Justinian I · The Digest of Justinian §19.2.52.pr

Disagreement on Rent Amount and Lease Validity

Passage 2873 of 9271 · Latin

Summary

Explains the validity of a lease contract when there is a disagreement on the price, stating that if the lessee's estimated price is lower, no contract is made, but if the lessor's estimate is lower, the lease is valid at that lower amount.

[POMPONIUS libro trigesimo primo ad Quintum Mucium. ] §19.2.52.prSi decem tibi locem fundum, tu autem existimes quinque te conducere, nihil agitur: sed et si ego minoris me locare sensero, tu pluris te conducere, utique non pluris erit conductio, quam quanti ego putaui.
[POMPONIUS, from the thirty-first book on Quintus Mucius.] If I lease a tract of land to you for ten, but you think that you are renting it for five, no contract is concluded; but also if I believe that I am leasing it for less, and you think that you are renting it for more, in any case the lease will not be for more than the amount I estimated.

Notes

  1. §19.2.52.prnihil agitur — Literally "nothing is done," but in a legal context, it means "no transaction is effected" or "no contract is concluded" due to the lack of consensus.
  2. §19.2.52.prminoris — Along with the comparative `pluris` and the relative genitive `quanti`, this is a genitive of value (or price), used to express the monetary amount in transactions such as buying, selling, or leasing.
  3. §19.2.52.prtu pluris te conducere — The governing verb for the accusative with infinitive construction `te conducere` is omitted in this clause. Based on the context, a verb of perceiving or thinking similar to `sensero` (or `existimes` from the first sentence) must be supplied.

Cite this passage

Justinian I, The Digest of Justinian §19.2.52.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:19.2.52.pr

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