No Offset of Partner Negligence by Other Industry

Notes

1. §17.2.25.prNon ob eam rem minus ad periculum socii pertinet quod neglegentia eius perisset, quod in plerisque aliis industria eius societas aucta fuisset — The main verb of the sentence is 'pertinet', and its subject is the first 'quod' clause ('quod neglegentia... perisset', 'the fact that something had perished through his negligence'). The phrase 'ob eam rem' ('because of that fact') is explained by the second 'quod' clause ('quod in plerisque... aucta fuisset', 'the fact that the partnership had been enriched by his industry in many other matters'). Thus, the construction means: 'it is not (Non) because of B (the second quod-clause) that A (the first quod-clause) belongs any the less (minus) to the partner's risk (ad periculum socii pertinet)'. The pluperfect subjunctives ('perisset', 'aucta fuisset') reflect the indirect or subjective presentation of the facts within the context of the emperor's ruling ('pronuntiauit').