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Justinian I · The Digest of Justinian §14.1.3.pr

Shares of Co-Operators and Contribution via Partnership Action

Passage 2185 of 9271 · Latin

Summary

It explains that the proportion of shares held by co-owners has no bearing on their liability to the creditor, and that the co-owner who has paid in full can seek contribution from the others through the action of partnership.

[PAULUS libro uicensimo nono ad edictum. ] §14.1.3.prnec quicquam facere, quotam quisque portionem in naue habeat, eumque qui praestiterit societatis iudicio a ceteris consecuturum.
[PAULUS libro uicensimo nono ad edictum.] and that it makes no difference what share each one has in the ship; and that he who has paid will recover from the others by the action of partnership.

Notes

  1. §14.1.3.prnec quicquam facere — This expression means "it makes no difference" or "it is of no relevance." Nec quicquam (= nihil) combined with facere (derived from ad rem facere or used impersonally) takes the following indirect question as its subject, meaning "it does not matter what share each one has."
  2. §14.1.3.prsocietatis iudicio — Meaning "by the action of partnership (societas)." When one of the co-owners of a ship (exercitores) has paid the creditor in full (praestare), they use the action arising from the partnership (actio pro socio) to seek contribution from the other co-owners in proportion to their respective shares.
  3. §14.1.3.prconsecuturum — The future infinitive consecuturum esse with esse omitted. It forms an accusative with infinitive construction (Oratio Obliqua) with the accusative eum as its subject, indicating that this is a statement of legal opinion or doctrine continuing from the previous citation.

Cite this passage

Justinian I, The Digest of Justinian §14.1.3.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:14.1.3.pr

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