Humanitext Reader

Justinian I · The Digest of Justinian §15.1.13.pr

Inapplicability of Peculium Deduction to Non-Partners

Passage 2272 of 9271 · Latin

Summary

Explains that the rule allowing deduction of a debt owed to another party does not apply in non-partnership relations, such as between buyer and seller, or usufructuary and owner.

[ULPIANUS libro uicensimo nono ad edictum. ] §15.1.13.prSed in emptore et uenditore uera non est, item in fructuario et proprietario et ceteris qui non sunt socii, et in domino et bonae fidei emptore: nam et Iulianus libro duodecimo scribit neutrum horum deducere id quod alteri debetur.
[ULPIANUS libro uicensimo nono ad edictum.] But this is not true in the case of a buyer and a seller, likewise in the case of a usufructuary and an owner, and others who are not partners, and in the case of an owner and a bona fide buyer: for Julianus also writes in his twelfth book that neither of these deducts what is owed to the other.

Notes

  1. §15.1.13.pruera — The feminine nominative singular adjective 'uera' refers back to the rule or opinion discussed previously (specifically, the doctrine that allows a deduction from the peculium for a debt owed to one partner in an action against the other). A feminine noun such as 'sententia' (opinion) or 'regula' (rule) is understood.
  2. §15.1.13.pralteri debetur — Meaning 'what is owed to the other' (i.e., where the other is the creditor). In the context of deduction (deductio) from the peculium, this indicates that in relationships other than partnerships (such as buyer and seller), a debt owed to one party cannot be deducted in an action brought against the other.

Cite this passage

Justinian I, The Digest of Justinian §15.1.13.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:15.1.13.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.