Historical and Jurisprudential Perspective on Pretorial and Jurisprudential Protection Granted to Landlords of Public Fields or Lands (ager publicus)

In this contribution we will conduct an analysis and a jurisprudential review of the lease of public places, with the purpose of determining the true scope of this interdictal provision and its possible extension: D. 43.9.1: The prae-tor forbids the prevention by violence of the enjoyment of a public place taken in lease from whoever had the right to lease it (Ulpianus, book lxvIII ad edictum): "Praetor ait: Quo minus loco publico, quem is, cui locandi ius fuerit, fru-endum alicui locavit, ei cui conduxit sociove eius e lege locationis frui liceat, vim fieri veto". Likewise, we will highlight some of the most salient features of this urgent order emanating from the Praetor: The interdicto de loco publico fruendo does not refer strictly speaking to public goods in publico usu, but, mainly, to fields or public lands (ager publicus) that are granted in lease to private individuals and the corresponding vectigal can be demanded from them.