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Justinian I · The Digest of Justinian §50.2.4.pr

Inheritance of Forbidden Leases by Decurions

Passage 8685 of 9271 · Latin

Summary

This section provides that a decurion who is normally forbidden to take a lease or contract may exceptionally continue in it if he succeeds to it by legal right, and states that this rule applies to all similar cases.

[MARCIANUS libro primo de iudiciis publicis. ] §50.2.4.prDecurio, qui prohibetur conducere quaedam, si iure successerit in conductione, remanet in ea.
[MARCIANUS, In the First Book on Public Trials.] A decurion who is forbidden to lease certain things, if he succeeds to the lease by legal right, remains in it.
quod et in omnibus similibus seruandum est.
This rule must also be observed in all similar cases.

Notes

  1. 50.2.4.prconducere — The verb conducere refers to the act of hiring, leasing, or contracting (on the conductor's side in a locatio conductio), here specifically implying the leasing of public lands or contracting for public works, which decurions were generally prohibited from undertaking.
  2. 50.2.4.priure successerit — The ablative iure ("by right", "by law") here refers to succession by operation of law, such as inheritance (hereditas). The verb successerit (future perfect or perfect subjunctive 3rd person singular) indicates a situation where the decurion has succeeded to the status of lessee or contractor through legal general succession.

Cite this passage

Justinian I, The Digest of Justinian §50.2.4.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.2.4.pr

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