Humanitext Reader

Justinian I · The Digest of Justinian §17.2.21.pr

Profit Sharing and Liability for an Admitted Third Party

Passage 2523 of 9271 · Latin

Summary

This passage explains the legal relationship between the partnership and a third party admitted by a single partner, addressing the division of profits and liability for the third party's actions.

[IDEM libro trigesimo ad Sabinum. ] §17.2.21.pret quidquid fuerit de societate nostra consecutus, cum illo qui eum adsumpsit communicabit, nos cum eo non communicabimus.
[THE SAME in his thirtieth book on Sabinus] And whatever he may have obtained from our partnership, he will share with the one who admitted him, but we shall not share with him.
sed factum eius praestabitur societati, id est aget socius et societati praestabit quod fuerit consecutus.
However, his conduct shall be made good to the partnership; that is, the partner will bring an action and make good to the partnership whatever he has obtained.

Notes

  1. §17.2.21.prquidquid fuerit de societate nostra consecutus — The subject is not explicitly expressed but refers to the third party admitted by the partner (`eum` in the context). `consecutus fuerit` is in the future perfect tense.
  2. §17.2.21.prfactum eius praestabitur societati — The genitive `eius` in `factum eius` refers to the admitted third party. The passive `praestabitur` means that the admitting partner must make good or answer to the partnership for the acts and consequences of this third party.
  3. §17.2.21.praget socius — The verb `aget` (`agere`) is used here in its technical legal sense of "bringing an action" or "suing" (against the third party or other debtors), through which any recovered gains are made good to the partnership.

Cite this passage

Justinian I, The Digest of Justinian §17.2.21.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:17.2.21.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.