Humanitext Reader

Justinian I · The Digest of Justinian §12.1.16.pr

Loans Made by a Partner with Own or Common Funds

Passage 1871 of 9271 · Latin

Summary

This section explains that a loan made by a partner using their own money is valid regardless of the other partners' dissent, whereas a loan using common money requires the consent of the others because a partner can only alienate their own share.

[PAULUS libro trigensimo secundo ad edictum. ] §12.1.16.prSi socius propriam pecuniam mutuam dedit, omnimodo creditam pecuniam facit, licet ceteri dissenserint: quod si communem numerauit, non alias creditam efficit, nisi ceteri quoque consentiant, quia suae partis tantum alienationem habuit.
[PAULUS, On the Edict, Book 32] If a partner has given his own money as a loan, he in any case makes it loaned money, even if the other partners have disagreed; but if he has paid out common money, he does not make it a loan unless the others also consent, because he had the power of alienation only over his own share.

Notes

  1. §12.1.16.prlicet ceteri dissenserint — The conjunction licet takes the subjunctive (here perfect dissenserint) to express concession ("even if"). The word ceteri ("the others") refers to the other partners in relation to the subject socius.
  2. §12.1.16.prnon alias... nisi — A construction expressing a strict conditional limitation ("not otherwise... unless"), equivalent to "only if... does he make it a loan."
  3. §12.1.16.prsuae partis tantum alienationem habuit — A fundamental principle of co-ownership (communio) in Roman law. Each co-owner has the power of alienation (alienatio) only over their own abstract share (pars), and cannot alienate the entire common property (common money) without the consent (consensus) of the other co-owners to effect a transfer of ownership for a loan.

Cite this passage

Justinian I, The Digest of Justinian §12.1.16.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:12.1.16.pr

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