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Justinian I · The Digest of Justinian §17.2.40.pr

Duty of the Heir to Complete Partnership Affairs

Passage 2542 of 9271 · Latin

Summary

This passage states that although a partner's heir does not become a partner, they are obliged to complete the partnership affairs initiated by the deceased, and can be held liable for their own fraud in doing so.

[IDEM libro septimo decimo ad Sabinum. ] §17.2.40.prHeres socii quamuis socius non est, tamen ea, quae per defunctum inchoata sunt per heredem explicari debent: in quibus dolus eius admitti potest.
[THE SAME in his seventeenth book on Sabinus.] Although the heir of a partner is not himself a partner, nevertheless, those matters which were commenced by the deceased must be wound up by the heir; and in these matters, his fraud can be admitted.

Notes

  1. 17.2.40.prquamuis socius non est — The concessive conjunction quamvis, which usually takes the subjunctive in classical Latin, is here used with the indicative present (est) to state an objective fact that the heir is indeed not a partner.
  2. 17.2.40.prper defunctum ... per heredem — To express the agent of the passive verbs (inchoata sunt and explicari), the preposition per with the accusative (per defunctum and per heredem) is used repeatedly, instead of the standard construction of ab/a with the ablative.
  3. 17.2.40.prdolus eius admitti potest — The genitive pronoun eius refers to the immediately preceding heredem (the heir). It indicates that the heir's own fraud (dolus) in winding up the affairs after the deceased's death can be brought to account in the partnership action.

Cite this passage

Justinian I, The Digest of Justinian §17.2.40.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:17.2.40.pr

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