Humanitext Reader

Justinian I · The Digest of Justinian §15.3.14.pr

Action de In Rem Verso Between Business Partners

Passage 2334 of 9271 · Latin

Summary

Marcellus and Paulus discuss the exceptional circumstances under which an action for what was turned to account can be brought against a partner even when the benefit was turned to the other partner's account.

[IULIANUS libro undecimo digestorum. ] §15.3.14.prMARCELLUS notat: interdum et propter hoc quod in rem alterius socii uersum est de in rem uerso cum altero agi potest, qui conuentus a socio petere potest id in quo damnatus fuerit.
[JULIAN, Digest, book 11] MARCELLUS notes: sometimes an action for what was turned to account can be brought against the other even on the ground that it was turned to the account of the other partner; and he, when sued, can recover from his partner that in which he has been condemned.
quid enim dicemus, si peculium seruo ab altero ademptum fuerit? PAULUS: ergo haec quaestio ita procedit, si de peculio agi non potest.
For what shall we say if the peculium has been taken away from the slave by the other? PAULUS: therefore, this question arises only if an action concerning the peculium cannot be brought.

Notes

  1. §15.3.14.prcum altero agi — 'altero' refers to the other partner (socius) to whose account the property was not directly turned. While the previous section (13.pr) stated that only the one to whose account it was turned can be sued, Marcellus here notes an exception where the action 'de in rem verso' can be brought against the other partner who did not receive the benefit.
  2. §15.3.14.prqui conuentus — The relative pronoun 'qui' accompanied by the passive perfect participle 'conuentus' functions as the subject of the clause, meaning 'who, when sued' (referring back to 'altero').
  3. §15.3.14.prita procedit, si — The demonstrative adverb 'ita' corresponds with the conditional clause introduced by 'si', indicating a restrictive condition: 'this question arises/proceeds only if...'

Cite this passage

Justinian I, The Digest of Justinian §15.3.14.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:15.3.14.pr

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