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Justinian I · The Digest of Justinian §43.26.21.pr

Scope of Precarium and Its Extension to the Family

Passage 7171 of 9271 · Latin

Summary

Explains that when requesting a precarium to stay on land, it is unnecessary to explicitly add "and his own," because the permission to use is deemed to extend to his household through him.

[UENULEIUS libro quarto actionum. ] §43.26.21.prCum precario quis rogat, ut ipsi in eo fundo morari liceat, superuacuum est adici 'ipsi suisque': nam per ipsum suis quoque permissum uti uidetur.
[VENULEIUS, Actions, book four.] When someone asks by precarium that he be permitted to stay on that land, it is superfluous to add "to himself and his own"; for through him, permission to use it seems to be granted to his own as well.

Notes

  1. §43.26.21.prprecario — An adverb derived from the ablative of the noun precarium, meaning "by precarium" or "by entreaty", modifying the verb rogat.
  2. §43.26.21.prpermissum uti uidetur — A nominative with infinitive construction with uidetur ("seems"). The infinitive uti ("to use") functions as the subject, with permissum [esse] in the neuter nominative singular as its predicate. suis ("to his own") is the dative complement of permissum.

Cite this passage

Justinian I, The Digest of Justinian §43.26.21.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:43.26.21.pr

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