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Justinian I · The Digest of Justinian §17.2.22.pr

Liability for Copartners' Acts and the Sequence of Actions

Passage 2524 of 9271 · Latin

Summary

This section explains that the partner who admitted another must guarantee the conduct of the other partners to the admitted person, and that proceedings between them can take place prior to those involving the other partners.

[GAIUS libro decimo ad edictum prouinciale. ] §17.2.22.prEx contrario factum quoque sociorum debet ei praestare sicuti suum, quia ipse aduersus eos habet actionem.
[GAIUS in his tenth book on the provincial edict] On the contrary, he must also make good to him the conduct of the partners just like his own, because he himself has an action against them.
item certum est nihil uetare prius inter eum qui admiserit et eum qui admissus fuerit societatis iudicio agi, quam agi incipiat inter ceteros et eum qui admiserit.
Likewise, it is certain that nothing prevents proceedings from being brought under the action on partnership between the one who admitted him and the one who was admitted, before they begin to be brought between the others and the one who admitted him.

Notes

  1. §17.2.22.prei — The dative pronoun ei refers in context to the person admitted (eum qui admissus fuerit). The omitted subject of debet is the partner who admitted him (is qui admiserit).
  2. §17.2.22.prnihil uetare — This is an accusative-and-infinitive construction acting as the subject of certum est, where nihil is the accusative subject and uetare is the infinitive. The object of uetare is the further accusative-and-infinitive clause prius ... agi ... quam ....

Cite this passage

Justinian I, The Digest of Justinian §17.2.22.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:17.2.22.pr

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