Justinian I · The Digest of Justinian §19.2.8.pr

Assessment of the Intermediary's Interest in Subletting

Passage 2829 of 9271 · Latin

Summary

Tryphoninus argues that what the intermediary can recover from the original lessor is not the nominal sublease rent, but rather the value of his interest (the difference between the sublease rent and the original rent) after deducting the original rent.

[TRYPHONINUS libro nono disputationum. ] §19.2.8.prNos uideamus, ne non sexaginta praestanda nec quinquaginta sint, sed quanti interest perfrui conductione, tantundemque consequatur medius, quantum praestare debeat ei, qui a se conduxit, quoniam emolumentum conductionis ad comparationem uberioris mercedis computatum maiorem efficit condemnationem.

[TRYPHONINUS, Disputations, book nine] Let us consider whether the sum to be paid is not sixty, nor fifty, but rather the amount of his interest in enjoying the lease, and whether the intermediary should recover just so much as he is obliged to pay to the person who leased from him; since the advantage of the lease, calculated in comparison with the higher rent, produces a larger condemnation.

et tamen primus locator reputationem habebit quinquaginta, quae ab illo perciperet, si dominus insulae habitare nouissimum conductorem non uetuisset: quo iure utimur.

And yet, the first lessor will have a deduction of the fifty which he would have received from the former, if the owner of the apartment block had not forbidden the last tenant to live there: which is the rule of law we follow.

Notes

19.2.8.pruideamus, ne — The conjunction 'ne' introducing 'sint' and 'consequatur' after 'uideamus' (hortatory subjunctive) expresses a positive suggestion or alternative proposal ('let us see whether it is not the case that...'). It introduces a more refined alternative to Paulus' view in the preceding section by focusing on the interest (difference in rent).
19.2.8.prquanti interest — The genitive of value/price 'quanti' with the impersonal verb 'interest' denotes the measure of interest or utility. In this context, it refers to the expectation interest ('id quod interest') arising from the breach of contract.
19.2.8.prreputationem — This refers to a deduction, reckoning, or set-off (reputatio). It means that the original lessor is allowed to deduct the rent (50) which he would have received from the intermediary, from the total amount of damages claimed by the intermediary.

Cite this passage

Justinian I, The Digest of Justinian §19.2.8.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:19.2.8.pr

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