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Justinian I · The Digest of Justinian §43.26.1.pr-43.26.1.3

Definition and Legal Nature of Precarium

Passage 7151 of 9271 · Latin

Summary

Ulpian defines precarium and presents its origin in the law of nations, explaining how it differs from a donation and how it resembles a loan for use.

[ULPIANUS libro primo institutionum. ] §43.26.1.prPrecarium est, quod precibus petenti utendum conceditur tamdiu, quamdiu is qui concessit patitur.
[ULPIAN, Institutes, book one.] A precarium is that which is granted for use to one who asks for it by entreaty, for so long as he who granted it permits.
§43.26.1.1Quod genus liberalitatis ex iure gentium descendit.
This kind of liberality derives from the law of nations.
§43.26.1.2Et distat a donatione eo, quod qui donat, sic dat, ne recipiat, at qui precario concedit, sic dat quasi tunc recepturus, cum sibi libuerit precarium soluere.
And it differs from a donation in this respect, that he who donates gives in such a way as not to receive it back, whereas he who grants by precarium gives as if he were to receive it back at the very moment when it pleases him to dissolve the precarium.
§43.26.1.3Et est simile commodato: nam et qui commodat rem, sic commodat, ut non faciat rem accipientis, sed ut ei uti re commodata permittat.
And it is similar to a loan for use; for he too who lends a thing lends it in such a way as not to make the thing the property of the recipient, but to permit him to use the thing lent.

Notes

  1. §43.26.1.prutendum — Future passive participle (gerundive) in the neuter accusative, used with 'conceditur' to express purpose ('for use') or as a predicative object.
  2. §43.26.1.2eo, quod — A correlative expression consisting of the ablative demonstrative 'eo' and the conjunction 'quod', meaning 'in this respect, that...'. It introduces the reason or aspect of the preceding verb 'distat'.
  3. §43.26.1.2quasi tunc recepturus — The conjunction 'quasi' combined with the future active participle 'recepturus' (nominative singular masculine, agreeing with the subject 'qui'). It expresses a hypothetical assumption, 'as if he were about to receive it back at that very time'.
  4. §43.26.1.3rem accipientis — 'accipientis' is the genitive of the present participle used substantively. It functions as a possessive genitive modifying 'rem' (the object of 'faciat' within the 'ut' clause), meaning 'to make the thing the property of the recipient'.

Cite this passage

Justinian I, The Digest of Justinian §43.26.1.pr-43.26.1.3. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:43.26.1.pr-43.26.1.3

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