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Justinian I · The Digest of Justinian §19.2.55.pr-19.2.55.2

Warehouse Theft, Improvement Costs, and Lease Abandonment

Passage 2876 of 9271 · Latin

Summary

On the liability of a warehouse owner for theft and the interrogation of knowledgeable slaves, the tenant's right to recover necessary or useful expenditures on the land, and the liability for rent in case of premature abandonment of the lease without just cause.

[IDEM libro secundo sententiarum. ] §19.2.55.prDominus horreorum effractis et compilatis horreis non tenetur, nisi custodiam eorum recepit: serui tamen eius cum quo contractum est propter aedificiorum notitiam in quaestionem peti possunt.
[THE SAME, from the second book of Opinions.] The owner of warehouses is not liable if the warehouses are broken into and plundered, unless he has undertaken the custody of them; however, the slaves of the person with whom the contract was made can be demanded for examination under torture because of their knowledge of the buildings.
§19.2.55.1In conducto fundo si conductor sua opera aliquid necessario uel utiliter auxerit uel aedificauerit uel instituerit, cum id non conuenisset, ad recipienda ea quae impendit ex conducto cum domino fundi experiri potest.
If, in a leased tract of land, the lessee has by his own labor necessarily or usefully improved, built, or established anything, even though this had not been agreed upon, he can sue the owner of the land under the lease to recover what he has expended.
§19.2.55.2Qui contra legem conductionis fundum ante tempus sine iusta ac probabili causa deseruerit, ad soluendas totius temporis pensiones ex conducto conueniri potest, quatenus locatori in id quod eius interest indemnitas seruetur.
Anyone who, contrary to the terms of the lease, abandons the land before the time without a just and probable cause, can be sued under the lease to pay the rent for the entire term, to the extent that the lessor is kept harmless in respect of his interest.

Notes

  1. §19.2.55.preius cum quo contractum est — The pronoun eius refers to the owner of the warehouses (dominus horreorum). It indicates that the slaves of the lessor, who are familiar with the layout and usage of the buildings (propter aedificiorum notitiam), can be demanded for interrogation under torture (quaestio) to clarify the circumstances of the theft.
  2. §19.2.55.1ex conducto — The prepositional phrase ex conducto refers to bringing an action under the "action on lease (actio ex conducto)", which is the contractual remedy available to the lessee. It serves as the legal basis for seeking reimbursement for necessary or useful expenditures.
  3. §19.2.55.2quatenus locatori in id quod eius interest indemnitas seruetur — An expression limiting the scope of damages for premature abandonment of the lease. The conjunction quatenus means "to the extent that." Based on id quod eius interest (his interest, i.e., expectation interest), it indicates that the liability for the entire term's rent is restricted to the amount necessary to indemnify (indemnitas) the lessor for the actual loss suffered (for instance, the difference in rent until a new tenant is found).

Cite this passage

Justinian I, The Digest of Justinian §19.2.55.pr-19.2.55.2. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:19.2.55.pr-19.2.55.2

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