Humanitext Reader

Justinian I · The Digest of Justinian §17.2.28.pr

Division of Future Partnership Debts and Security

Passage 2530 of 9271 · Latin

Summary

This section establishes that when a partnership is dissolved while one partner owes a debt subject to a future term, that partner cannot deduct the amount as if it were a present, unconditional debt; instead, all partners must divide the debt and provide security to defend that partner when the term arrives.

[IDEM libro sexagesimo ad edictum. ] §17.2.28.prSi socii sumus et unus ex die pecuniam debeat et diuidatur societas, non debet hoc deducere socius quemadmodum praesens pure debet, sed omnes diuidere et cauere, cum dies uenerit, defensu iri socium.
[THE SAME in his sixtieth book on the Edict] If we are partners, and one of us owes money from a certain day, and the partnership is divided, that partner ought not to deduct this sum as if he owed a present and unconditional debt, but all must divide [it] and give security that, when the day comes, the partner will be defended.

Notes

  1. §17.2.28.prex die — Meaning "from a certain day", referring to a debt subject to a future term (dies). It represents a debt whose performance is deferred to a future date, comparable to a conditional debt (sub condicione) mentioned in the preceding fragment (§17.2.27.pr).
  2. §17.2.28.prpraesens pure debet — praesens refers to a debt immediately due (without a term), and pure to an unconditional debt (without a condition). The partner who owes a debt with a future term (ex die) cannot deduct (deducere) it during the liquidation of the partnership as if it were an immediately payable, unconditional debt.
  3. §17.2.28.prdefensu iri socium — A future passive infinitive construction composed of the supine defensu and the passive infinitive iri, with socium (accusative) functioning as its subject. Here, defendere means to defend or hold the partner harmless against the creditor's claims when the debt becomes due in the future (e.g., by paying on their behalf).

Cite this passage

Justinian I, The Digest of Justinian §17.2.28.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:17.2.28.pr

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