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Justinian I · The Digest of Justinian §17.2.37.pr

Continuation of Partnership by Heirs Through New Consent

Passage 2539 of 9271 · Latin

Summary

Pomponius explains that if the heirs of partners intend to continue a partnership regarding the inheritance, their subsequent actions are brought under the action on partnership by virtue of a new consent.

[POMPONIUS libro tertio decimo ad Sabinum. ] §17.2.37.prPlane si hi, qui sociis heredes exstiterint, animum inierint societatis in ea hereditate, nouo consensu quod postea gesserint efficitur ut in pro socio actionem deducatur.
[POMPONIUS in his thirteenth book on Sabinus.] Clearly, if those who have become heirs to the partners should form the intention of partnership in that inheritance, it is brought about by a new consent that what they subsequently did is brought into the action on partnership (actio pro socio).

Notes

  1. 17.2.37.prsociis — Dative plural of the noun socius (partner). It is a dative of reference or relation dependent on heredes, functioning similarly to a genitive (sociorum) to mean 'heirs to the partners' in legal Latin.
  2. 17.2.37.pranimum inierint societatis — The phrase animum inire followed by a genitive means 'to form the intention of' or 'to enter into the mind of'. Here it refers to the heirs forming the intention to continue a partnership (societas) regarding the inheritance (ea hereditas).
  3. 17.2.37.prquod postea gesserint — A relative clause containing its own antecedent ('what they subsequently did'). Syntactically, it acts as the subject of the passive verb deducatur in the noun clause introduced by efficitur ut.

Cite this passage

Justinian I, The Digest of Justinian §17.2.37.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:17.2.37.pr

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