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Justinian I · The Digest of Justinian §19.2.61.pr-19.2.61.1

Offsetting Improvements against Rent and Freight on Seized Cargo

Passage 2882 of 9271 · Latin

Summary

Scaevola answers that a tenant who planted a vineyard can offset his useful expenses against unpaid rent when sued, and that a shipowner can claim the agreed freight even if the cargo was confiscated after a long detention.

[SCAEUOLA libro septimo digestorum. ] §19.2.61.prColonus, cum lege locationis non esset comprehensum, ut uineas poneret, nihilo minus in fundo uineas instituit et propter earum fructum denis amplius aureis annuis ager locari coeperat.
[SCAEVOLA, in the seventh book of his Digests.] A tenant farmer, although it had not been included in the terms of the lease that he should plant vineyards, nevertheless established vineyards on the land, and on account of their produce, the land had begun to be leased for ten aurei more annually.
quaesitum est, si dominus istum colonum fundi eiectum pensionum debitarum nomine conueniat, an sumptus utiliter factos in uineis instituendis reputare possit opposita doli mali exceptione.
The question was raised whether, if the owner should sue this tenant farmer, who had been ejected from the land, under the name of unpaid rent, the tenant farmer could, by pleading an objection of willful deceit, offset the expenses usefully incurred in establishing the vineyards.
respondit uel expensas consecuturum uel nihil amplius praestaturum.
He answered that the tenant farmer would either recover his expenses or would perform nothing further.
§19.2.61.1Nauem conduxit, ut de prouincia Cyrenensi Aquileiam nauigaret olei metretis tribus milibus impositis et frumenti modiis octo milibus certa mercede: sed euenit, ut onerata nauis in ipsa prouincia nouem mensibus retineretur et onus impositum commisso tolleretur.
A person hired a ship to sail from the province of Cyrene to Aquileia with three thousand metretae of oil and eight thousand modii of wheat loaded, for a fixed freight. But it happened that the loaded ship was detained in the province itself for nine months, and the loaded cargo was confiscated.
quaesitum est, an uecturas quas conuenit a conductore secundum locationem exigere nauis possit.
The question was raised whether the ship could demand from the hirer the freight agreed upon according to the lease.
respondit secundum ea quae proponerentur posse.
He answered that according to the facts presented, it was possible.

Notes

  1. 19.2.61.prreputare — In this context, 'reputare' means more than just 'to calculate'; it means 'to offset' or 'to deduct'. By raising the defense of willful deceit (exceptio doli mali), the tenant is allowed to deduct the useful expenses incurred in improving the land (sumptus utiliter factos) from the unpaid rent claimed by the landlord.
  2. 19.2.61.pruel expensas consecuturum uel nihil amplius praestaturum — An indirect speech depending on the main verb 'respondit', where the subject accusative 'colonum' is omitted. Both 'consecuturum' and 'praestaturum' are future active infinitives with 'esse' omitted. It means that the tenant will either recover his expenses or will not have to pay anything further for the unpaid rent (due to the offset of the useful expenses).
  3. 19.2.61.1commisso — The ablative singular of the noun 'commissum' (forfeiture, confiscation, or offense leading to confiscation), or the substantivated neuter ablative singular of the perfect participle of 'committo'. It means 'by confiscation' or 'due to forfeiture', referring to the cargo being seized or confiscated by customs or authorities due to an illegality.

Cite this passage

Justinian I, The Digest of Justinian §19.2.61.pr-19.2.61.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:19.2.61.pr-19.2.61.1

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