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Justinian I · The Digest of Justinian §10.3.20.pr

Damages from Co-owner's Default and Partition Action

Passage 1715 of 9271 · Latin

Summary

It rules that if damage is caused to common property because one partner fails to answer for a delict, the other partner can claim compensation for the loss within the action for the division of common property.

[POMPONIUS libro tertio decimo ad Sabinum. ] §10.3.20.prSi is, cum quo fundum communem habes, ad delictum non respondit et ob id motu iudicis uilla diruta est aut arbusta succisa sunt, praestabitur tibi detrimentum iudicio communi diuidundo: quidquid enim culpa socii amissum est, eo iudicio continetur.
[POMPONIUS, On Sabinus, book XIII.] If the person with whom you have a common estate has not answered for a delict, and for that reason, by order of the judge, the villa has been demolished or the plantations cut down, the loss will be made good to you in the action for the division of common property; for whatever has been lost through the fault of a partner is included in that action.

Notes

  1. 10.3.20.prad delictum non respondit — Refers to a situation where the co-owner failed to answer or defend against an action for a delict. This failure to respond led to judicial disadvantages, such as a default judgment, which triggered the judge's execution order.
  2. 10.3.20.prmotu iudicis — Indicates the judge's own motion or action by the judge's order. The word *motu* is the ablative singular of the fourth-declension noun *motus* (movement, impulse), expressing the cause or means of the action.
  3. 10.3.20.priudicio communi diuidundo — Ablative of the "action for the division of common property" (*iudicium communi dividundo*), modifying the future passive verb *praestabitur*, indicating the legal proceeding within which the loss is to be compensated.

Cite this passage

Justinian I, The Digest of Justinian §10.3.20.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:10.3.20.pr

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