Humanitext Reader

Justinian I · The Digest of Justinian §50.8.5.pr-50.8.5.3

Curators' Liability in Leases and Rules on Sureties

Passage 8759 of 9271 · Latin

Summary

This passage defines the liabilities of curators and their successors in leasing public property, the right of action for those who undertook novation or payment promises, the exemption of sons from providing security for their fathers, and the timing of liability for sureties of municipal magistrates.

[IDEM ex eodem libro. ] §50.8.5.prPraedium publicum in quinque annos idonea cautione non exacta curator rei publicae locauit.
[The same, from the same book.] The curator of the municipality leased public land for five years without exacting proper security.
ceteris annis colonus si reliqua traxerit et de fructibus praedii mercedesque seruari non potuerint, successor qui locauit tenebitur.
If in the remaining years the tenant should fall into arrears, and these cannot be recovered from the fruits of the land and the rent, the successor of the one who leased will be held liable.
idem in uectigalibus non ita pridem constitutum est, scilicet ut sui temporis singuli periculum praestarent.
The same rule was established not long ago regarding taxes, namely, that each individual should bear the risk of his own term.
§50.8.5.1In eum, qui administrationis tempore creditoribus rei publicae nouatione facta pecuniam cauit, post depositum officium actionem denegari non oportet.
An action ought not to be denied, after laying down his office, against one who during the time of his administration provided security for money to the creditors of the municipality by means of a novation.
diuersa causa est eius, qui solui constituit: similis etenim uidetur ei, qui publice uendidit aut locauit.
The case is different for one who has promised to pay; for he is deemed similar to one who has sold or leased publicly.
§50.8.5.2Filium pro patre curatore rei publicae creato cauere cogi non oportet.
A son ought not to be compelled to provide security on behalf of his father who has been appointed curator of the municipality.
nec mutat, quod in eum pater emancipatum, priusquam curator constitueretur, partem bonorum suorum donationis causa contulit.
Nor does it change the matter that the father, before he was appointed curator, transferred a part of his property by way of donation to his emancipated son.
§50.8.5.3Pro magistratu fideiussor interrogatus pignora quoque specialiter dedit.
A person who, having been asked to act as surety on behalf of a magistrate, also gave specific pledges.
in eum casum pignora uidentur data, quo recte conuenitur: uidelicet postquam res ab eo seruari non potuerit, pro quo intercessit.
The pledges are deemed to have been given for that case in which he is rightfully sued: namely, after the debt cannot be recovered from the person on whose behalf he intervened.

Notes

  1. §50.8.5.prsuccessor qui locauit — Analyzed as `successor [eius] qui locauit` with the omission of the antecedent `eius`. This yields the meaning 'the successor of the one who leased'.
  2. §50.8.5.1post depositum officium — The perfect passive participle `depositum` modifies the noun `officium` in a dominant position (similar to the *ab urbe condita* construction), meaning 'after laying down his office' (literally 'after the office having been laid down').
  3. §50.8.5.3in eum casum ... quo recte conuenitur — `conuenitur` is used as an impersonal passive or 'he (the surety) is sued'. `quo` acts as a relative introducing the clause modifying `casum`, meaning 'for that situation in which...'.

Cite this passage

Justinian I, The Digest of Justinian §50.8.5.pr-50.8.5.3. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.8.5.pr-50.8.5.3

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