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Justinian I · The Digest of Justinian §17.2.53.pr

Prohibition of Contributing Gains from Misconduct

Passage 2556 of 9271 · Latin

Summary

This section discusses the principle that gains from theft or other wrongdoings must not be contributed to a partnership, and how such gains are treated if actually brought into the common fund.

[IDEM libro trigensimo ad Sabinum. ] §17.2.53.prQuod autem ex furto uel ex alio maleficio quaesitum est, in societatem non oportere conferri palam est, quia delictorum turpis atque foeda communio est.
[The same jurist in the thirtieth book on Sabinus.] Moreover, it is clear that what has been acquired from theft or from another wrongdoing ought not to be contributed to the partnership, because the sharing of crimes is shameful and foul.
plane si in medium collata sit, commune erit lucrum.
Clearly, if it has been brought into the common fund, the gain will be common.

Notes

  1. 17.2.53.prQuod ... quaesitum est — A relative clause introduced by the relative pronoun `quod` (neuter singular nominative). The entire clause functions as the subject (accusative) of the passive infinitive `conferri`. Syntactically, this accusative-and-infinitive structure `Quod ... non oportere conferri` serves as the subject of the impersonal expression `palam est` ('it is clear').
  2. 17.2.53.prcollata sit — Subjunctive perfect (third-person singular feminine). The subject is an implied feminine noun such as `res` (thing/property) or `pecunia` (money). It expresses a completed hypothesis in the condition clause ('if it has actually been brought in'), which leads to the future indicative `erit` ('will be') in the main clause.

Cite this passage

Justinian I, The Digest of Justinian §17.2.53.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:17.2.53.pr

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