Humanitext Reader

Justinian I · The Digest of Justinian §17.2.42.pr

Deduction of Recovered Penalty in Partnership Action

Passage 2544 of 9271 · Latin

Summary

This text rules that if a partner has already recovered the penalty under a stipulation, and subsequently brings the action pro socio, the recovered amount is credited against the principal of his claim, thereby reducing his subsequent recovery by that amount.

[IDEM libro quadragensimo quinto ad Sabinum. ] §17.2.42.prQuod si ex stipulatu eam consecutus sit, postea pro socio agendo hoc minus accipiet poena ei in sortem imputata.
[THE SAME, in his forty-fifth book on Sabinus.] But if he has obtained it on the basis of the stipulation, afterwards, in bringing the action pro socio, he will receive so much less, the penalty having been credited to him against the principal.

Notes

  1. §17.2.42.pream — A feminine singular accusative demonstrative pronoun referring back to poenam (the penalty) mentioned in the preceding fragment (§17.2.41.pr).
  2. §17.2.42.prhoc minus — The word hoc is an ablative of measure of difference modifying the comparative adverb minus, meaning 'by so much less' or 'less by this amount'.
  3. §17.2.42.prpoena ei in sortem imputata — An ablative absolute construction where poena is the subject and imputata is the perfect participle. Here sors refers to the 'principal' or 'main claim' of the partnership, meaning that the penalty already recovered is credited as part payment of the principal.

Cite this passage

Justinian I, The Digest of Justinian §17.2.42.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:17.2.42.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.