Legal Definitions - invecta et illata

In Roman law, invecta et illata refers to all the movable goods and possessions that a tenant (known as the lessee) brings onto a leased property. This term applies whether the property is a rural farm or an urban dwelling or business space. Historically, these items were significant because the landlord (lessor) held a 'tacit mortgage' or an implied security interest over them. This meant that the landlord could claim these goods to ensure the payment of rent if the tenant defaulted.

Here are some examples to illustrate this concept:

• Residential Lease: Imagine a young couple renting an apartment in ancient Rome. When they move in their furniture, such as beds, tables, and chests, along with their personal belongings like clothing, cooking utensils, and decorative items, all these possessions would be considered invecta et illata. If the couple failed to pay their monthly rent, the landlord would have a legal right to claim these specific items as security to recover the unpaid amount.

• Commercial Lease: Consider a merchant who leases a shop in the marketplace to sell pottery. The pottery display stands, the tools used for crafting or repairing the pottery, and even the inventory of pottery itself that the merchant brings into the leased shop would fall under the definition of invecta et illata. Should the merchant neglect to pay the rent for the shop, the property owner could, under Roman legal principles, assert a claim over these items to satisfy the outstanding debt.

• Agricultural Lease: Picture a farmer who leases a plot of land to cultivate crops and raise livestock. The farming equipment, such as plows, hoes, and wagons, along with any animals like oxen or sheep that the farmer brings onto the leased land, would be classified as invecta et illata. In this situation, if the farmer failed to pay the agreed-upon lease for the farmland, the landowner would have a security interest in these items to cover the unpaid rent.