[PAULUS libro sexto ad Sabinum. ] §17.2.17.prSed et socius qui alienauerit contra pactionem accipit committit et tenetur societatis aut communi diuidundo iudicio.
[PAULUS in his sixth book on Sabinus] But also the partner who has alienated contrary to the agreement commits [a breach] and is held liable by the action of partnership or for division of common property.
§17.2.17.1Si absenti renuntiata societas sit, quoad is scierit, quod is adquisiuit qui renuntiauit in commune redigi, detrimentum autem solius eius esse qui renuntiauerit: sed quod absens adquisiit, ad solum eum pertinere, detrimentum ab eo factum commune esse.
If the partnership has been renounced to an absent partner, until he knows of it, what he who renounced has acquired must be brought into the common stock, while the loss belongs to him alone who renounced; but what the absent partner has acquired belongs to him alone, and the loss incurred by him is common.
§17.2.17.2In societate autem coeunda nihil attinet de renuntiatione cauere, quia ipso iure societatis intempestiua renuntiatio in aestimationem uenit.
But in forming a partnership, there is no need to make provision concerning renunciation, because by the operation of the law of partnership itself, an untimely renunciation comes into the assessment of damages.