[PAULUS libro sexto ad Sabinum. ] §17.2.48.prsed nihilo minus et pro socio tenetur,
[PAUL, in his sixth book on Sabinus.] but none the less he is also liable under the action on partnership,
Justinian I · The Digest of Justinian §17.2.48.pr
Action on Partnership and the Lex Aquilia for Damage
Summary
Paul notes that if a partner damages common property, they remain liable under the partnership action as well, concurrently with their liability under the Aquilian law.
Notes
- §17.2.48.prpro socio — Meaning "under the action on partnership". While usually expressed as actio pro socio, the noun actio is omitted here, and the phrase pro socio itself functions as an ablative of ground modifying tenetur (is liable).
- §17.2.48.prnihilo minus — An idiomatic phrase consisting of nihilo (ablative of difference from nihil) and the comparative adverb minus, meaning "none the less" or "nevertheless". It indicates that even though liability under the Aquilian law (Aquilia teneri) arises as mentioned in the preceding fragment, this does not preclude concurrent liability under the contractual action on partnership (pro socio).
Cite this passage
Justinian I, The Digest of Justinian §17.2.48.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:17.2.48.pr
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