Humanitext Reader

Justinian I · The Digest of Justinian §17.2.34.pr

Remedies for Expenses in Co-Ownership Without Partnership

Passage 2536 of 9271 · Latin

Summary

The author discusses the legal remedies for recouping expenses or damages in co-ownership without partnership (including inheritance), stating that instead of a partnership action, the action for dividing an inheritance or dividing common property must be used.

[GAIUS libro decimo ad edictum prouinciale. ] §17.2.34.prQuibus casibus si quid forte unus in eam rem impenderit siue fructus mercedesue unus perceperit uel deteriorem fecerit rem, non societatis iudicio locus est, sed inter coheredes quidem familiae herciscendae iudicio agitur, inter ceteros communi diuidundo.
[GAIUS in his tenth book on the provincial edict] In these cases, if by chance one person has made some expenditure on that property, or one has gathered the fruits or rents, or has damaged the property, there is no room for an action of partnership, but rather, as between coheirs, the action is brought for the division of an inheritance, and as between other persons, for the division of common property.
inter eos quoque, quibus hereditario iure communis res est, posse et communi diuidundo agi.
It is also held that between those for whom a property is held in common by hereditary right, an action can also be brought for the division of common property.

Notes

  1. §17.2.34.prQuibus casibus — A relative connection (nexus relativus) referring back to the state of co-ownership without a partnership contract as described in the preceding section (§17.2.33.pr).
  2. §17.2.34.prsocietatis iudicio — The genitive noun societatis modifies iudicio, referring in substance to the action of partnership (actio pro socio), which cannot be brought because no partnership exists.
  3. §17.2.34.prposse et communi diuidundo agi — An Accusative with Infinitive (AcI) construction with the governing verb of saying or holding (such as ait or putat) omitted. The conjunction et here means "also," indicating that coheirs can choose to bring the action for the division of common property (communi dividundo) in addition to the action for the division of an inheritance.

Cite this passage

Justinian I, The Digest of Justinian §17.2.34.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:17.2.34.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.