Justinian I · The Digest of Justinian §50.16.219.pr

Intention over Words in Contracts and Bequest of Lease

Passage 9033 of 9271 · Latin

Summary

Papinian states that in contracts, the intention of the parties rather than their words must be regarded, illustrating this with a lease under which a right destined for heirs can also be transferred to a legatee.

[IDEM libro secundo responsorum. ] §50.16.219.prIn conuentionibus contrahentium uoluntatem potius quam uerba spectari placuit.

[THE SAME, in the second book of Opinions.] In the agreements of contracting parties, it has been decided that their intention rather than their words should be regarded.

cum igitur ea lege fundum uectigalem municipes locauerint, ut ad heredem eius qui suscepit pertineret, ius heredum ad legatarium quoque transferri potuit.

Since, therefore, the citizens of a municipality leased a tax-paying land under the condition that it should belong to the heir of the person who undertook it, the right of the heirs could also be transferred to a legatee.

Notes

50.16.219.prspectari placuit — The impersonal verb `placuit` ("it has been approved/decided") takes the accusative with infinitive clause `uoluntatem... spectari` ("that intention should be regarded") as its logical subject.
50.16.219.prea lege... ut... pertineret — The ablative of condition `ea lege` ("under the condition") is expanded by the appositive `ut` clause with the imperfect subjunctive `pertineret` (due to sequence of tenses after the perfect `locauerint`), specifying the conditions of the lease.

Cite this passage

Justinian I, The Digest of Justinian §50.16.219.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.16.219.pr

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