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Justinian I · The Digest of Justinian §17.2.32.pr

Partnership Formed by Agreement Versus Factual Co-Action

Passage 2534 of 9271 · Latin

Summary

Ulpian distinguishes between a partnership established through prior discussion and a factual common relationship arose without discussion, stating that the action on partnership is only available in the former case.

[IDEM libro secundo ad edictum. ] §17.2.32.prNam cum tractatu habito societas coita est, pro socio actio est, cum sine tractatu in re ipsa et negotio, communiter gestum uidetur,
[THE SAME in his second book on the edict] For when a partnership has been entered into after a discussion has been held, there is an action on partnership; but when [something is done] without discussion, in the matter and transaction itself, it is deemed to have been conducted in common.

Notes

  1. §17.2.32.prtractatu habito — An ablative absolute consisting of the noun tractatus (discussion, negotiation) and the participle habito (from habeo). It indicates the existence of an explicit process of negotiation or mutual agreement between the parties.
  2. §17.2.32.prcommuniter gestum uidetur — gestum is either part of the perfect passive infinitive gestum [esse] (with esse omitted) or a nominative complement, construed with the copulative uidetur ('it seems' or 'it is deemed'). It means 'it is deemed to have been conducted in common.' This denotes a mere factual common ownership or management (communio) rather than a formal partnership (societas) based on mutual intent, and thus does not give rise to the action on partnership.

Cite this passage

Justinian I, The Digest of Justinian §17.2.32.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:17.2.32.pr

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