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Justinian I · The Digest of Justinian §17.2.27.pr

Partnership Debts Paid After Dissolution and Security

Passage 2529 of 9271 · Latin

Summary

Paulus states that all debts contracted during the existence of a partnership must be paid from the common fund, even if payment occurs after dissolution or if a condition is fulfilled after dissolution; thus, security must be provided if the partnership is dissolved in the meantime.

[PAULUS libro sexto ad Sabinum. ] §17.2.27.prOmne aes alienum, quod manente societate contractum est, de communi soluendum est, licet posteaquam societas distracta est solutum sit.
[PAULUS in his sixth book on Sabinus] All debts contracted while the partnership was still in existence must be paid from the common fund, even if payment is made after the partnership has been dissolved.
igitur et si sub condicione promiserat et distracta societate condicio exstitit, ex communi soluendum est: ideoque si interim societas dirimatur, cautiones interponendae sunt.
Therefore, even if a promise had been made under a condition, and the condition was fulfilled after the partnership had been dissolved, payment must be made from the common fund; and for this reason, if the partnership is dissolved in the meantime, security must be provided.

Notes

  1. §17.2.27.prmanente societate — An ablative absolute construction with the present participle 'manente', expressing temporal duration: 'while the partnership is/was still in existence'.
  2. §17.2.27.prlicet posteaquam societas distracta est solutum sit — The conjunction 'licet' introduces a concessive clause taking the subjunctive mood ('solutum sit', 'even though it has been paid'). The subordinate clause introduced by 'posteaquam' ('after') takes the indicative perfect ('distracta est').
  3. §17.2.27.prpromiserat — Third-person singular pluperfect active. The subject is not explicitly expressed, but contextually refers to the partner who made the promise and thereby contracted the debt.
  4. §17.2.27.prcautiones — Plural of 'cautio' (security, guarantee, or formal undertaking). It refers to the mutual security or formal promises that must be exchanged between partners upon dissolution to cover potential future liabilities or pending settlements.

Cite this passage

Justinian I, The Digest of Justinian §17.2.27.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:17.2.27.pr

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