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Justinian I · The Digest of Justinian §17.2.19.pr

Admission of a Third Party and Scope of Partnership

Passage 2521 of 9271 · Latin

Summary

It explains that since partnership is formed by consent, if an existing partner admits a third party, that party becomes a partner only to the one who admitted him, and not to the other partners.

[ULPIANUS libro trigesimo ad Sabinum. ] §17.2.19.prQui admittitur socius, ei tantum socius est qui admisit, et recte: cum enim societas consensu contrahatur, socius mihi esse non potest quem ego socium esse nolui.
[ULPIANUS in his thirtieth book on Sabinus] He who is admitted as a partner is a partner only to him who admitted him, and rightly so; for since a partnership is contracted by consent, a person whom I did not wish to be a partner cannot be a partner to me.
quid ergo si socius meus eum admisit? ei soli socius est
What then if my partner has admitted him? He is a partner to him alone.

Notes

  1. §17.2.19.prQui admittitur socius, ei tantum socius est qui admisit — The relative clause `Qui admittitur socius` ("He who is admitted as a partner") serves as the subject of the main clause, and `ei tantum... qui admisit` means "only to him who admitted [him]." Here, `ei` is the antecedent of the relative pronoun `qui` (the subject of `admisit`) and is in the dative case (dative of reference/relation) governed by `socius`. This illustrates the Roman law principle: *socii mei socius meus socius non est* (my partner's partner is not my partner).
  2. §17.2.19.prsocius mihi esse non potest quem ego socium esse nolui — The relative clause `quem ego socium esse nolui` ("whom I did not wish to be a partner") lacks an explicit antecedent (such as `eum`) and functions as the subject of the main verb `non potest`. `socius` is the subject complement, and `mihi` is a dative of reference.

Cite this passage

Justinian I, The Digest of Justinian §17.2.19.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:17.2.19.pr

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