Humanitext Reader

Justinian I · The Digest of Justinian §39.2.29.pr

Loss from Inability to Rent and Security for Threatened Damage

Passage 6153 of 9271 · Latin

Summary

It states that if no one is willing to rent a lodging due to a defect in the building, the resulting loss is treated in the same manner as the departure of tenants under the security for threatened damage.

[GAIUS libro uicensimo octauo ad edictum prouinciale. ] §39.2.29.prSed et si conducere hospitium nemo uelit propter uitium aedium, idem erit dicendum.
[GAIUS in the twenty-eighth book on the Provincial Edict.] But also, if no one is willing to rent the lodging on account of a defect in the building, the same must be said.

Notes

  1. §39.2.29.pridem erit dicendum — The subject neuter pronoun 'idem' refers to the legal consequence discussed in the preceding fragment (39.2.28.pr), namely that the loss arising from the lack of new tenants due to a defect is recoverable under the stipulation, just as the loss from the departure of existing tenants. 'dicendum erit' is the future passive periphrastic (gerundive with 'erit' expressing necessity or propriety), meaning 'the same must be said' or 'the same rule shall apply'.
  2. §39.2.29.prconducere — The verb 'conducere' (to hire, lease) refers to the action of the lessee (conductor) in the Roman contract of letting and hiring (locatio conductio). Here it is an infinitive taking 'hospitium' as its object, serving as a complementary infinitive to the main verb of the conditional clause, 'uelit' (third-person singular present subjunctive of 'uolo').

Cite this passage

Justinian I, The Digest of Justinian §39.2.29.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:39.2.29.pr

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