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Justinian I · The Digest of Justinian §33.7.24.pr

Equipped Land Leased Out: Ownership of the Equipment

Passage 5084 of 9271 · Latin

Summary

Regarding an estate bequeathed with its equipment, Paulus argues that, in principle, only the equipment belonging to the testator (landlord) is included in the legacy, rather than that of the tenant.

[PAULUS libro tertio ad Neratium. ] §33.7.24.prFundus, qui locatus erat, legatus est cum instrumento: instrumentum, quod colonus in eo habuit, legato cedit.
[PAULUS on Neratius, book 3] An estate which had been leased was bequeathed with its equipment: the equipment which the tenant had on it passes with the legacy.
PAULUS: an quod coloni fuit an tantum id quod testatoris fuit? et hoc magis dicendum est, nisi nullum domini fuit.
PAULUS: does this mean what belonged to the tenant, or only that which belonged to the testator? And the latter is rather to be said, unless there was none belonging to the owner.

Notes

  1. §33.7.24.prlegato cedit — The verb cedere with the dative (legato) means "to accrue to" or "to merge into." Here, it expresses the opinion (of Neratius or a general rule) that the tenant's equipment is included in the legacy of the land and equipment.
  2. §33.7.24.pran quod coloni fuit an tantum id quod testatoris fuit? — A double question introduced by an... an... Paulus questions the preceding statement (that the tenant's equipment is included), asking whether it means what belonged to the tenant or only that which belonged to the testator, thereby seeking to limit the scope.
  3. §33.7.24.prhoc magis dicendum est — The demonstrative pronoun hoc refers to the latter option in the preceding disjunction (tantum id quod testatoris fuit). Thus, it means "the latter (only what belonged to the testator) is rather to be asserted."
  4. §33.7.24.prnisi nullum domini fuit — The genitive domini (of the owner/landlord) modifies nullum, expressing an exceptional condition: "unless there was none belonging to the owner." Paulus argues that the principle of including only the testator's property should stand, except in the rare case where no equipment at all belonged to the landlord.

Cite this passage

Justinian I, The Digest of Justinian §33.7.24.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:33.7.24.pr

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