Justinian I · The Digest of Justinian §6.3.1.pr-6.3.1.1

Definition of Vectigal Land and Lessee's Action in Rem

Passage 1169 of 9271 · Latin

Summary

Paulus defines the distinction between tax-paying and non-tax-paying lands owned by cities, and explains the legal principle that perpetual lessees are entitled to an action in rem, even though they do not become owners.

[PAULUS libro uicensimo primo ad edictum. ] §6.3.1.prAgri ciuitatium alii uectigales uocantur, alii non.

[PAULUS on the Edict, book 21] Some of the lands of cities are called tax-paying, others are not.

uectigales uocantur qui in perpetuum locantur, id est hac lege, ut tamdiu pro his uectigal pendatur, quamdiu neque ipsis, qui conduxerint, neque his, qui in locum eorum successerunt, auferri eos liceat: non uectigales sunt, qui ita colendi dantur ut priuatim agros nostros colendos dare solemus.

Those are called tax-paying which are leased in perpetuity, that is, under the condition that as long as the tax is paid for them, it is not permitted that they be taken away either from those who leased them, or from those who have succeeded to their position; those are non-tax-paying which are given to be cultivated in the same manner as we are accustomed to give our own lands to be cultivated privately.

§6.3.1.1Qui in perpetuum fundum fruendum conduxerunt a municipibus, quamuis non efficiantur domini, tamen placuit competere eis in rem actionem aduersus quemuis possessorem, sed et aduersus ipsos municipes,

Those who have leased a tract of land from the members of a municipality to be enjoyed in perpetuity, although they do not become owners, yet it has been held that an action in rem is available to them against any possessor whatsoever, and even against the members of the municipality themselves,

Notes

6.3.1.prhac lege, ut — Meaning "under this condition (contractual clause), namely that...". The noun `lege` (lex), preceded by the demonstrative `hac`, is clarified appositionally by the `ut`-clause.
6.3.1.1fundum fruendum — The gerundive `fruendum` modifies the noun `fundum` (land, estate), expressing the purpose or use of "land to be enjoyed (for use and fruits)".
6.3.1.1placuit competere eis — The impersonal verb `placuit` ("it has been held/decided") takes an accusative-and-infinitive construction as its subject, with the accusative `in rem actionem` and the infinitive `competere`. The relative clause `Qui ... conduxerunt` at the beginning refers to the dative pronoun `eis`, which functions as the indirect object of the infinitive.

Cite this passage

Justinian I, The Digest of Justinian §6.3.1.pr-6.3.1.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:6.3.1.pr-6.3.1.1

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.