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Justinian I · The Digest of Justinian §17.2.5.pr-17.2.5.1

Four Types of Partnership and Unequal Contributions

Passage 2507 of 9271 · Latin

Summary

Ulpian lists the four types of partnership based on their scope of assets and assets involved, asserting that a partnership is valid even between parties of unequal means as long as labor compensates for the deficiency, and that a partnership cannot be formed for the purpose of a donation.

[ULPIANUS libro trigesimo primo ad edictum. ] §17.2.5.prSocietates contrahuntur siue uniuersorum bonorum siue negotiationis alicuius siue uectigalis siue etiam rei unius.
[ULPIAN in his thirty-first book on the Edict] Partnerships are contracted either for all property, or for some particular business, or for a tax-farming, or even for a single thing.
§17.2.5.1Societas autem coiri potest et ualet etiam inter eos, qui non sunt aequis facultatibus, cum plerumque pauperior opera suppleat, quantum ei per comparationem patrimonii deest.
A partnership, however, can be entered into and is valid even between those who are not of equal means, since generally the poorer partner supplies by his labor what he lacks in comparison with the other's patrimony.
donationis causa societas recte non contrahitur.
A partnership is not validly contracted for the purpose of a donation.

Notes

  1. 17.2.5.1aequis facultatibus — Ablative of quality. It functions predicatively in the relative clause `qui non sunt`, indicating that the parties "do not possess equal means."
  2. 17.2.5.1quantum ei per comparationem patrimonii deest — A relative clause introduced by the relative pronoun `quantum` with its antecedent (such as *id*) omitted, functioning as the direct object of the verb `suppleat` in the main clause. The verb `deest` takes `quantum` (the deficient portion) as its subject.

Cite this passage

Justinian I, The Digest of Justinian §17.2.5.pr-17.2.5.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:17.2.5.pr-17.2.5.1

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