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Justinian I · The Digest of Justinian §43.9.1.pr-43.9.1.3

Interdict Protecting Enjoyment of Leased Public Places

Passage 7061 of 9271 · Latin

Summary

Ulpian explains the praetorian interdict protecting a lessee or their partner in the enjoyment of a public place leased from an authorized person, addressing its public utility, the priority between parties, and the necessity of adhering to the lease terms.

[ULPIANUS libro sexagensimo octauo ad edictum. ] §43.9.1.prPraetor ait: 'Quo minus loco publico, quem is, cui locandi ius fuerit, fruendum alicui locauit, ei qui conduxit socioue eius e lege locationis frui liceat, uim fieri ueto'. §43.9.1.1Interdictum hoc publicae utilitatis causa proponi palam est: tuetur enim uectigalia publica, dum prohibetur quis uim facere ei, qui id fruendum conduxit.
[ULPIAN from the sixty-eighth book on the Edict] The praetor says: "I forbid force to be used to prevent him who hired, or his partner, from being allowed, in accordance with the terms of the lease, to enjoy a public place which he who had the right of leasing leased to someone to be enjoyed." It is clear that this interdict is proposed for the sake of public utility; for it protects public revenues, while anyone is prohibited from using force against him who hired it to be enjoyed.
§43.9.1.2Sed si simul ueniant ad interdictum mouendum ipse qui conduxerit et socius eius, magis est, ut ipse conductor praeferatur.
But if the hirer himself and his partner come together to bring the interdict, it is more reasonable that the hirer himself should be preferred.
§43.9.1.3Ait praetor 'quo minus e lege locationis frui liceat'. merito ait 'e lege locationis': ultra legem enim uel contra legem non debet audiri, qui frui desiderat.
The praetor says, "to prevent [someone] from being allowed, in accordance with the terms of the lease, to enjoy." He rightly says "in accordance with the terms of the lease"; for he who desires to enjoy beyond the lease or contrary to the lease ought not to be heard.

Notes

  1. §43.9.1.prQuo minus ... uim fieri ueto — A formulaic expression in praetorian interdicts. `veto` governs the accusative with infinitive clause `uim fieri` (that force be used), and `quo minus` with the subjunctive (`liceat`) introduces a clause of prevention ("lest it be less allowed / to prevent from being allowed"). Collectively, it means "I forbid force to be used to prevent [someone] from being allowed...".
  2. §43.9.1.prfruendum — A gerundive agreeing with the relative pronoun `quem` (whose antecedent is `loco publico`). Used in combination with the verb `locare`, it expresses the purpose or intention of the lease ("to lease [something] to be enjoyed").
  3. §43.9.1.3non debet audiri — `audiri` is a passive infinitive meaning "to be granted a hearing" or "to have one's claim heard" in a legal context. The grammatical subject of `debet` is the implied antecedent (`is`) of the following relative clause `qui...`, meaning "he who desires... ought not to have his claim heard."

Cite this passage

Justinian I, The Digest of Justinian §43.9.1.pr-43.9.1.3. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:43.9.1.pr-43.9.1.3

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