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Justinian I · The Digest of Justinian §43.26.12.pr-43.26.12.1

Validity of Term Precarium and Its Heritability

Passage 7162 of 9271 · Latin

Summary

Explains that a term-limited precarium agreement has no binding force and the owner can reclaim it before the deadline, and that the precarium relation passes to the grantor's heir but not to the requester's heir.

[IDEM libro uicensimo quinto digestorum. ] §43.26.12.prCum precario aliquid datur, si conuenit, ut in kalendas Iulias precario possideat, numquid exceptione adiuuandus est, ne ante ei possessio auferatur? sed nulla uis est huius conuentionis, ut rem alienam domino inuito possidere liceat.
[THE SAME, Digest, book twenty-five.] When something is given by precarium, if it was agreed that he should possess it by precarium until the Kalends of July, should he be aided by an exception, lest possession be taken away from him before that time? But there is no force in this agreement, so as to allow him to possess another's property against the owner's will.
§43.26.12.1Precario rogatio et ad heredem eius qui concessit transit: ad heredem autem eius qui precario rogauit non transit, quippe ipsi dumtaxat, non etiam heredi concessa possessio est.
A request for precarium passes also to the heir of the one who granted it; but it does not pass to the heir of the one who requested it by precarium, for indeed possession was granted to himself alone, and not also to his heir.

Notes

  1. §43.26.12.prnumquid exceptione adiuuandus est — numquid introduces a question expecting a negative answer. It implies that even if a term was agreed, the borrower cannot block the owner's reclamation through an "exception" (exceptio) before that term.
  2. §43.26.12.prnulla uis est huius conuentionis, ut... — The ut clause acts as a noun clause explaining the content of huius conuentionis, or qualifies the lack of effect (nulla uis est). It means "an agreement/force such that... is of no effect."
  3. §43.26.12.1Precario rogatio — Literally "request by precarium," but here referring to the legal relationship of precarium established by such request.

Cite this passage

Justinian I, The Digest of Justinian §43.26.12.pr-43.26.12.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:43.26.12.pr-43.26.12.1

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