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Justinian I · The Digest of Justinian §17.2.26.pr

Prohibition of Offsetting Partner Negligence with Profits

Passage 2528 of 9271 · Latin

Summary

Ulpian quotes Marcellus to state that even if a partner acts negligently in some matters but enriches the partnership in most others, the profit cannot be set off against the negligence.

[ULPIANUS libro trigesimo primo ad edictum. ] §17.2.26.prEt ideo si socius quaedam neglegenter in societate egisset, in plerisque autem societatem auxisset, non compensatur compendium cum neglegentia, ut Marcellus libro sexto digestorum scribsit.
[ULPIANUS in his thirty-first book on the Edict] And therefore, if a partner had done certain things negligently in the partnership, but in most other cases had enriched the partnership, the gain is not set off against his negligence, as Marcellus wrote in the sixth book of his Digests.

Notes

  1. §17.2.26.prnon compensatur compendium cum neglegentia — The verb "compensare" (to set off, offset) is used in the passive voice ("compensatur") with "compendium" (gain, profit) as its subject, accompanied by the prepositional phrase "cum neglegentia" (with negligence). This phrase establishes the rule that profits brought by industry cannot be set off against losses caused by negligence.
  2. §17.2.26.prin plerisque autem — This phrase stands in contrast with "quaedam" (certain things) in the preceding clause. The adjective "plerisque" (most) is used in the neuter plural (ablative), implying an omitted noun such as "rebus" (matters/cases), meaning "in most other matters."

Cite this passage

Justinian I, The Digest of Justinian §17.2.26.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:17.2.26.pr

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