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Justinian I · The Digest of Justinian §17.2.39.pr

Burial on Common Land and Partnership Action

Passage 2541 of 9271 · Latin

Summary

This passage states that if one co-owner buries a corpse in a common tract of land, the other co-owner can bring an action on partnership.

[POMPONIUS libro tertio decimo ad Sabinum. ] §17.2.39.prSi fundus mihi tecum communis sit et in eum mortuum intuleris, agam tecum pro socio.
[POMPONIUS in his thirteenth book on Sabinus.] If a tract of land is common to me and you, and you bring a corpse into it, I shall bring an action on partnership against you.

Notes

  1. §17.2.39.prmortuum intuleris — Burying a corpse on common land makes the place religious (res religiosa) and removes it from private commerce, thereby severely infringing upon the other co-owner's rights. This passage clarifies that the injured party can seek redress through the action on partnership (actio pro socio) based on their mutual relationship.
  2. §17.2.39.pragam tecum — The combination of the verb ago (to bring an action) and the preposition cum (with, against) is a standard technical legal expression in Roman law meaning "to bring a lawsuit against someone."

Cite this passage

Justinian I, The Digest of Justinian §17.2.39.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:17.2.39.pr

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