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Justinian I · The Digest of Justinian §17.2.15.pr

Inability to Enjoy Property as Just Cause to Renounce

Passage 2517 of 9271 · Latin

Summary

Based on Pomponius, the inability to enjoy the property for which the business was undertaken is presented as an additional valid reason for renouncing a partnership.

[POMPONIUS libro tertio decimo ad Sabinum. ] §17.2.15.pruel quod ea re frui non liceat, cuius gratia negotiatio suscepta sit?
[POMPONIUS in his thirteenth book on Sabinus] Or because it is not permitted to enjoy that thing, for the sake of which the business was undertaken?

Notes

  1. §17.2.15.pruel quod — This introduces an additional reason for a justified renunciation, operating in parallel with the "quia..." clause in the preceding fragment (D. 17.2.14.pr: "qui ideo renuntiauit, quia..."). The question mark reflects either a connection to the previous "aut quid si..." or a rhetorical inquiry.
  2. §17.2.15.prea re frui — The verb "frui" (to enjoy, to use and enjoy) governs the ablative case, hence the demonstrative phrase "ea re" is in the ablative.
  3. §17.2.15.prcuius gratia — The genitive relative pronoun "cuius" (referring back to "ea re") is combined with the postpositional ablative "gratia" (for the sake of), expressing purpose.

Cite this passage

Justinian I, The Digest of Justinian §17.2.15.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:17.2.15.pr

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