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Justinian I · The Digest of Justinian §17.2.54.pr

Recovery of Unlawfully Contributed Property upon Judgment

Passage 2557 of 9271 · Latin

Summary

Pomponius' view stating that a partner can recover property contributed to the partnership from a wrongdoing only if that partner has been condemned.

[POMPONIUS libro tertio decimo ad Sabinum. ] §17.2.54.prQuod enim ex maleficio contulerit socius, non aliter recipere debet, quam si damnatus sit.
[POMPONIUS in the thirteenth book on Sabinus.] For what a partner has contributed from a wrongdoing, he ought not to recover otherwise than if he has been condemned.

Notes

  1. §17.2.54.prnon aliter ... quam si — A conditional construction using comparative adverbs to express a strong restriction ("not otherwise... than if..."), meaning "only if". Coupled with the present subjunctive passive "damnatus sit", it indicates that the partner is allowed to recover the contribution only when he has been condemned and held liable for the wrongdoing.
  2. §17.2.54.prrecipere — Active present infinitive of the transitive verb recipio ("to recover", "to take back"). Since the gain, even though from a wrongdoing, has already been merged (contulerit) into the partnership property, the partner cannot arbitrarily withdraw it, but can only "recover" it when a legal necessity such as a condemnation arises.

Cite this passage

Justinian I, The Digest of Justinian §17.2.54.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:17.2.54.pr

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