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Justinian I · The Digest of Justinian §17.2.49.pr

Injury to a Partnership Slave and Liability

Passage 2551 of 9271 · Latin

Summary

Ulpian provides a concrete example, such as injuring a commercial slave, of how a partner can damage the partnership and thus face liability under the action on partnership.

[ULPIANUS libro trigensimo primo ad edictum. ] §17.2.49.prsi hoc facto societatem laesit, si uerbi gratia negotiatorem seruum uulnerauerit uel occidit.
[ULPIAN, in his thirty-first book on the Edict.] if he has damaged the partnership by this act, for example, if he has wounded or killed a slave who is a business manager.

Notes

  1. §17.2.49.prsi hoc facto societatem laesit — This conditional clause depends on the statement in the preceding fragment (48.pr) that the partner is also liable under the action on partnership (et pro socio tenetur). The verb laesit is in the perfect indicative, representing a condition assumed as an accomplished fact.
  2. §17.2.49.pruulnerauerit uel occidit — The two coordinated verbs differ in mood and tense. While uulnerauerit is a perfect subjunctive (or future perfect indicative), occidit is understood as a perfect indicative (occīdit). Such asymmetrical verbal coordinations are frequently observed in legal Latin texts.

Cite this passage

Justinian I, The Digest of Justinian §17.2.49.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:17.2.49.pr

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