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Justinian I · The Digest of Justinian §15.1.28.pr

Master's Liability Absent Co-Owner's Heirs

Passage 2287 of 9271 · Latin

Summary

This section discusses the limitation of liability of the master who is sued, in cases where there is neither an heir nor a possessor of goods for his partner.

[IULIANUS libro duodecimo digestorum. ] §15.1.28.prQuare et si socio neque heres neque bonorum possessor exstitisset, eatenus damnari debet is cum quo actum fuerit, quatenus peculium apud eum erit et quantum ex bonis consequi potest.
[JULIANUS in the twelfth book of the Digests.] Therefore, even if neither an heir nor a possessor of goods has appeared for the partner, the person against whom the action was brought ought to be condemned only to the extent that the peculium is in his possession, and to the extent of what he can recover from the estate.

Notes

  1. §15.1.28.prsocio — Dative of interest (dativus commodi/incommodi) dependent on the verb `exstitisset`, meaning 'for / in relation to the partner (socius)'. This partner refers to the co-owner mentioned in the previous section (15.1.27.8).
  2. §15.1.28.preatenus ... quatenus ... et quantum — A correlative structure expressing limitation. `eatenus` ('to that extent') is answered by `quatenus` ('to the extent that') and `quantum` ('as much as'), which are connected by the coordinating conjunction `et`. These define the two limits of the liability (`damnari debet`) of the defendant: the peculium in his own possession and the amount he can recover from the partner's estate.

Cite this passage

Justinian I, The Digest of Justinian §15.1.28.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:15.1.28.pr

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