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Justinian I · The Digest of Justinian §20.2.2.pr

Tenant's Movables Pledged for Rent and Damages

Passage 2950 of 9271 · Latin

Summary

Citing Pomponius, it explains that movables brought into a leased property by a tenant serve as security not only for unpaid rent but also for damages arising from the tenant's negligent destruction of the dwelling.

[MARCIANUS libro singulari ad formulam hypothecariam. ] §20.2.2.prPomponius libro quadragesimo uariarum lectionum scribit: non solum pro pensionibus, sed et si deteriorem habitationem fecerit culpa sua inquilinus, quo nomine ex locato cum eo erit actio, inuecta et illata pignori erunt obligata.
[MARCIANUS, in his single book on the Hypothecary Formula.] Pomponius writes in the fortieth book of his Various Readings: not only for rent, but also if the tenant by his own fault should damage the dwelling, on which ground there will be an action on the lease against him, the goods brought in and carried in shall be bound as a pledge.

Notes

  1. §20.2.2.prex locato — Refers to the action on the lease (actio ex locato) brought by the landlord against the tenant based on the contract of letting and hiring (locatio conductio).
  2. §20.2.2.prinuecta et illata — Literally 'things brought in and carried in', a technical legal term referring to movables such as furniture, tools, or livestock brought by a tenant onto the leased property, which became subject to an implied pledge (pignus tacitum) securing the landlord's claims.

Cite this passage

Justinian I, The Digest of Justinian §20.2.2.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:20.2.2.pr

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