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Justinian I · The Digest of Justinian §10.3.3.pr-10.3.3.1

Scope of the Partition Action and Respect for Agreements

Passage 1698 of 9271 · Latin

Summary

It defines the scope of matters handled in an action for partition of common property and states the judge's duty to respect any bona fide agreement made between the partners.

[ULPIANUS libro trigensimo ad Sabinum. ] §10.3.3.prIn communi diuidundo iudicio nihil peruenit ultra diuisionem rerum ipsarum quae communes sint et si quid in his damni datum factumue est siue quid eo nomine aut abest alicui sociorum aut ad eum peruenit ex re communi.
[ULPIANUS, from the thirtieth book on Sabinus.] In an action for partition of common property, nothing comes within its scope beyond the division of the very things that are held in common, and any damage that may have been caused or done to them, or whatever, on that account, has either been lost to any of the partners or has come to him from the common property.
§10.3.3.1Si quid ipsi sine dolo malo inter se pepigerunt, id in primis et familiae erciscundae et communi diuidundo iudex seruare debet.
If they themselves have made any agreement among themselves without malicious intent, the judge, both in the action for division of an inheritance and in that for partition of common property, must above all observe it.

Notes

  1. §10.3.3.prnihil peruenit ultra — The subject is nihil ('nothing') and the main verb is peruenit ('reaches', 'comes within scope'). The preposition ultra ('beyond') governs diuisionem, but the subsequent clauses et si quid... and siue quid... are also substantively under its scope, indicating that the matters handled in this action are limited to these three items (division of property, damages, and settlement of profits/losses).
  2. §10.3.3.1et familiae erciscundae et communi diuidundo — These can be understood either as ellipses for familiae erciscundae iudicio and communi diuidundo iudicio, or as datives of purpose modifying iudex. In either case, they refer to 'the judge in the action for division of an inheritance and that for partition of common property'.

Cite this passage

Justinian I, The Digest of Justinian §10.3.3.pr-10.3.3.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:10.3.3.pr-10.3.3.1

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