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Justinian I · The Digest of Justinian §17.2.41.pr

Stipulated Penalty and the Partnership Action

Passage 2543 of 9271 · Latin

Summary

Ulpianus explains that if a partner has stipulated for a penalty from another partner, and the amount of that penalty is equal to his interest, he cannot bring the action on partnership (*actio pro socio*).

[ULPIANUS libro uicensimo ad edictum. ] §17.2.41.prSi quis a socio poenam stipulatus sit, pro socio non aget, si tantundem in poenam sit, quantum eius interfuit.
[ULPIANUS in his twentieth book on the Edict.] If anyone has stipulated for a penalty from his partner, he will not bring the action *pro socio*, if the amount of the penalty is as much as his interest.

Notes

  1. §17.2.41.prstipulatus sit — The third-person singular perfect subjunctive of the deponent verb stipulor (to stipulate, secure a promise). Used here in the conditional clause (si) to denote a completed condition.
  2. §17.2.41.prpro socio non aget — This phrase means "he will not bring the action on partnership (*actio pro socio*)". The noun *actio* is omitted, and *pro socio* serves as the designation of the action.
  3. §17.2.41.preius interfuit — The perfect tense of the impersonal verb *interest* (it concerns, is of interest) combined with the genitive of the third-person pronoun *eius*, indicating the party concerned. Here, *interesse* refers to the financial interest or the indemnity for the loss suffered by the plaintiff.

Cite this passage

Justinian I, The Digest of Justinian §17.2.41.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:17.2.41.pr

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