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Justinian I · The Digest of Justinian §20.2.7.pr-20.2.7.1

Tacit Pledge on Crops and Brought-in Goods in Rural Leases

Passage 2955 of 9271 · Latin

Summary

This passage discusses the lessor's pledge over rural property, stating that harvested crops are tacitly pledged even without explicit agreement, and suggests that other brought-in items are pledged only if they were brought to remain there.

[POMPONIUS libro tertio decimo ex uariis lectionibus. ] §20.2.7.prIn praediis rusticis fructus qui ibi nascuntur tacite intelleguntur pignori esse domino fundi locati, etiamsi nominatim id non conuenerit.
[POMPONIUS, in his thirteenth book of Various Readings.] In rustic tenements, the fruits that grow there are tacitly understood to be pledged to the owner of the leased land, even if this has not been specifically agreed.
§20.2.7.1Uidendum est, ne non omnia illata uel inducta, sed ea sola, quae, ut ibi sint, illata fuerint, pignori sint: quod magis est.
It must be considered whether not all things brought in or driven in, but only those which have been brought in so that they may remain there, are pledged; and this is the better opinion.

Notes

  1. §20.2.7.prdomino fundi locati — domino is in the dative, functioning as a dative of reference or forming a double dative with the dative of purpose pignori. fundi locati is a genitive modifying domino ("owner of the leased land").
  2. §20.2.7.1Uidendum est, ne non — The clause introduced by uidendum est containing ne and non expresses a consideration of a negative alternative: "whether it is not all things..., but rather only those... that are pledged."
  3. §20.2.7.1quod magis est — The relative pronoun quod refers back to the latter proposition in the preceding clause (that only things brought in to remain there are pledged), and magis stands elliptically for magis uerum or magis probatum, indicating the author's approval of this view.

Cite this passage

Justinian I, The Digest of Justinian §20.2.7.pr-20.2.7.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:20.2.7.pr-20.2.7.1

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