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Justinian I · The Digest of Justinian §17.2.36.pr

Liability of Heirs for the Deceased Partner's Fault

Passage 2538 of 9271 · Latin

Summary

This text explains that when heirs are sued, even though they themselves are not partners, they are liable for any negligence for which the deceased partner whom they succeeded would have been liable.

[PAULUS libro sexto ad Sabinum. ] §17.2.36.pret acti etiam culpam, quam is praestaret in cuius locum successit, licet socius non sit.
[PAULUS in his sixth book on Sabinus.] And when they are sued, they also must make good the negligence which he would have had to make good into whose place they succeeded, although they are not partners.

Notes

  1. §17.2.36.practi — Perfect passive participle of agere (to sue), masculine plural nominative. Here used substantively to mean 'the heirs when sued', functioning as the subject. A predicate verb such as praestant is ellipted in the main clause.
  2. §17.2.36.prculpam — Feminine singular accusative. It functions as the direct object of an ellipted verb praestare (or its plural form praestant), supplied from bonam fidem praestet in the preceding fragment (D.17.2.35.pr).
  3. §17.2.36.prpraestaret — Subjunctive imperfect active third-person singular. It expresses a past potential or counterfactual scenario, referring to the liability that the deceased partner would have incurred had he remained alive and active.

Cite this passage

Justinian I, The Digest of Justinian §17.2.36.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:17.2.36.pr

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