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Justinian I · The Digest of Justinian §17.2.35.pr

Non-Inheritability of Partnership and the Heir's Good Faith

Passage 2537 of 9271 · Latin

Summary

It explains that a partnership cannot be established in such a way that the heir becomes a partner, and that an action is available against a partner's heir to ensure they exhibit good faith.

[ULPIANUS libro trigesimo ad Sabinum. ] §17.2.35.prNemo potest societatem heredi suo sic parere, ut ipse heres socius sit: in heredem autem socii proponitur actio, ut bonam fidem praestet
[ULPIANUS in his thirtieth book on Sabinus.] No one can create a partnership for his heir in such a way that the heir himself becomes a partner; however, an action is granted against the heir of a partner, so that he may perform good faith.

Notes

  1. §17.2.35.prparere — Present active infinitive of pario (to produce, bring forth, acquire). Along with the dative heredi suo (for his heir), it means to create or acquire a partnership for the benefit of the heir.
  2. §17.2.35.prsocii — Genitive singular of socius (partner), modifying the preceding noun heredem (heir, accusative singular). It means 'against the heir of a partner'.
  3. §17.2.35.prut bonam fidem praestet — An ut clause with the present subjunctive third-person singular praestet. It expresses either the purpose of the action (actio) being granted or the content of the obligation that the heir must perform (to exhibit good faith).

Cite this passage

Justinian I, The Digest of Justinian §17.2.35.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:17.2.35.pr

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