[ULPIANUS libro septuagensimo tertio ad edictum. ] §43.32.1.prPraetor ait: 'Si is homo, quo de agitur, non est ex his rebus, de quibus inter te et actorem conuenit, ut, quae in eam habitationem qua de agitur introducta importata ibi nata factaue essent, ea pignori tibi pro mercede eius habitationis essent, siue ex his rebus est et ea merces tibi soluta eoue nomine satisfactum est aut per te stat, quo minus soluatur: ita, quo minus ei, qui eum pignoris nomine induxit, inde abducere liceat, uim fieri ueto'. §43.32.1.1Hoc interdictum proponitur inquilino, qui soluta pensione uult migrare: nam colono non competit.
[ULPIANUS in the seventy-third book on the Edict.] The praetor says: "If the man who is the subject of the action is not among those things concerning which it was agreed between you and the plaintiff that whatever was introduced, imported, born, or made in that dwelling which is the subject of the action should be a pledge to you for the rent of that dwelling, or if he is among those things and that rent has been paid to you or satisfaction has been made on that account or it is due to you that it is not paid: in that manner, I forbid force to be used to prevent him who introduced him under the name of a pledge from being allowed to lead him away from there." This interdict is proposed for a tenant of a dwelling who, having paid the rent, wishes to move; for it does not apply to an agricultural tenant.
§43.32.1.2Cui rei etiam extra ordinem subueniri potest: ergo infrequens est hoc interdictum.
Relief can also be given for this matter extra ordinem; therefore this interdict is infrequent.
§43.32.1.3Si tamen gratuitam quis habitationem habeat, hoc interdictum utile ei competet.
If, however, someone has a gratuitous habitation, this useful interdict will apply to him.
§43.32.1.4Si pensio nondum debeatur, ait Labeo interdictum hoc cessare, nisi paratus sit eam pensionem soluere.
If the rent is not yet due, Labeo says that this interdict does not apply, unless he is prepared to pay that rent.
proinde si semenstrem soluit, sexmenstris debeatur, inutiliter interdicet, nisi soluerit et sequentis sexmenstris, ita tamen, si conuentio specialis facta est in conductione domus, ut non liceat ante finitum annum uel certum tempus migrare.
Accordingly, if he has paid for a half-year, and a half-year is due, he will seek the interdict to no purpose unless he also pays for the following half-year; provided, however, that a special agreement was made in the lease of the house that it is not allowed to move before the end of the year or a certain time.
idem est et si quis in plures annos conduxerit et nondum praeterierit tempus.
The same is true if someone has leased for several years and the time has not yet passed.
nam cum in uniuersam conductionem pignora sunt obligata, consequens erit dicere interdicto locum non fore, nisi liberata fuerint.
For since the pledges are bound for the entire lease, it will be a consequence to say that there will be no room for the interdict unless they have been released.
§43.32.1.5Illud notandum est praetorem hic non exegisse, ut in bonis fuerit conductoris, nec ut esset pignori res illata, sed si pignoris nomine inducta sit.
It is to be noted that the praetor did not require here that the thing brought in should have been in the property of the tenant, nor that it should have been a pledge, but only if it was introduced under the name of a pledge.
proinde et si aliena sint et si talia, quae pignoris nomine teneri non potuerint, pignoris tamen nomine introducta sint, interdicto hoc locus erit: quod si nec pignoris nomine inducta sint, nec retineri poterunt a locatore.
Therefore, even if they belong to another, and even if they are such things as could not be held under the name of a pledge, yet if they were introduced under the name of a pledge, there will be room for this interdict; but if they were not even introduced under the name of a pledge, they cannot be retained by the landlord either.
§43.32.1.6Hoc interdictum perpetuum est et in successores et successoribus dabitur.
This interdict is perpetual and will be given both against successors and to successors.