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Justinian I · The Digest of Justinian §17.2.50.pr

Concurrence of Partnership Action and Prohibition of Double Recovery

Passage 2552 of 9271 · Latin

Summary

Paulus explains the principle that since both the action on partnership and the other action aim at the recovery of property rather than a penalty, a party must be content with one action and cannot pursue double recovery.

[PAULUS libro sexto ad Sabinum. ] §17.2.50.prSed actione pro socio consequitur, ut altera actione contentus esse debeat, quia utraque actio ad rei persecutionem respicit, non ut furti ad poenam dumtaxat.
[PAUL, in his sixth book on Sabinus.] But through the action on partnership, it follows that one must be content with the other action, because both actions look to the recovery of the thing, and not, like the action for theft, merely to a penalty.

Notes

  1. §17.2.50.prconsequitur, ut — The verb consequitur is used impersonally, taking the ut-clause (with subjunctive debeat) as its subject or result clause, meaning "it follows that..."
  2. §17.2.50.praltera actione contentus — The adjective contentus (content) governs the ablative case (here altera actione) to express the instrument or cause of satisfaction.
  3. §17.2.50.prfurti — This is a genitive of description with the noun actio omitted, referring to the actio furti (action for theft). Furthermore, the verb respicit is understood after non ut furti.

Cite this passage

Justinian I, The Digest of Justinian §17.2.50.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:17.2.50.pr

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