Justinian I · The Digest of Justinian §43.32.2.pr

Useful Interdict on Moving for Borrowed and Deposited Goods

Passage 7187 of 9271 · Latin

Summary

Gaius explains that the tenant's interdict for moving out is applicable as a useful interdict (interdictum utile) even to things that do not belong to the tenant but are in his possession through loan, lease, or deposit.

[GAIUS libro uicesimo sexto ad edictum prouinciale. ] §43.32.2.prHoc interdictum inquilino etiam de his rebus, quae non ipsius sint, sed forte commodatae ei uel locatae uel apud eum depositae sunt, utile esse non dubitatur.

[GAIUS in the twenty-sixth book on the Provincial Edict.] There is no doubt that this interdict is also available as a useful interdict to a tenant of a dwelling, even concerning those things which are not his own, but happen to have been lent, leased, or deposited with him.

Notes

§43.32.2.prutile — Rather than a simple adjective meaning "useful," this refers to a "useful interdict" (interdictum utile) in Roman law, which was an equitable remedy extended by the praetor to analogous cases where the strict civil law interdict was not directly applicable.
§43.32.2.prnon dubitatur — A passive impersonal verb taking an accusative with infinitive (A.C.I.) construction (with hoc interdictum as the subject accusative and utile esse as the infinitive clause), meaning "it is not doubted that..." or "there is no doubt that...".

Cite this passage

Justinian I, The Digest of Justinian §43.32.2.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:43.32.2.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.