Humanitext Reader

Justinian I · The Digest of Justinian §47.7.9.pr

Tenant Felling Trees and the Choice of Actions

Passage 7977 of 9271 · Latin

Summary

This section explains that if the person who cut down the trees is a tenant, an action on the lease can also be brought in addition to the delictual action, though the plaintiff must choose between them.

[GAIUS libro tertio decimo ad edictum prouinciale. ] §47.7.9.prSi colonus sit, qui ceciderit arbores, etiam ex locato cum eo agi potest.
[GAIUS on the Provincial Edict, book 13] If the person who cut down the trees is a tenant, an action on the lease can also be brought against him.
plane una actione contentus esse debet actor.
Obviously, the plaintiff must be content with a single action.

Notes

  1. §47.7.9.prex locato — Refers to the "action on the lease" (actio ex locato). The noun actione is understood, and the preposition ex with the neuter singular ablative locato denotes the contract-based action brought by the lessor against the tenant (colonus) for breach of contractual duties.
  2. §47.7.9.pragi — Present passive infinitive of the verb ago (to bring or conduct an action). Here it is used in the impersonal passive construction agi potest (an action can be brought), with the opposing party of the lawsuit expressed by cum eo (against him).

Cite this passage

Justinian I, The Digest of Justinian §47.7.9.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:47.7.9.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.