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Justinian I · The Digest of Justinian §17.2.56.pr

Timing of Penal Damages and Fines Outside Partnership

Passage 2559 of 9271 · Latin

Summary

Explains that it makes no difference to the partnership whether the compensation for theft was paid during the existence of the partnership or after its dissolution, and that this same rule applies to other actions for wrongful conduct and pecuniary penalties from public trials.

[PAULUS libro sexto ad Sabinum. ] §17.2.56.prNec quicquam interest, utrum manente societate praestiterit ob furtum an dissoluta ea.
[PAULUS in the sixth book on Sabinus.] And it makes no difference whether he made the payment on account of theft while the partnership was still lasting or after it was dissolved.
idemque est in omnibus turpibus actionibus, ueluti iniuriarum, ui bonorum raptorum, serui corrupti et similibus, et in omnibus poenis pecuniariis quae ex publicis iudiciis accidunt.
And the same holds true in all actions arising from disgraceful conduct, such as for injuries, for property taken by force, for the corruption of a slave, and the like, and in all pecuniary penalties that result from public trials.

Notes

  1. §17.2.56.prutrum manente societate praestiterit ob furtum an dissoluta ea — Both manente societate and dissoluta ea are ablative absolute constructions representing temporal conditions ("while the partnership was still lasting" and "after it was dissolved"). The perfect subjunctive praestiterit is used in the indirect question introduced by utrum ... an ... . The subject of this verb is the partner who committed the wrongdoing, referred to in the preceding fragment (§17.2.55.pr).
  2. §17.2.56.priniuriarum, ui bonorum raptorum, serui corrupti — These are all genitives showing the types of actions (actio iniuriarum, actio ui bonorum raptorum, actio serui corrupti), standing in apposition or depending on the preceding actionibus via ueluti. ui bonorum raptorum is the genitive of a complex phrase where bona (property) and the participle rapta (taken) are accompanied by the ablative ui (by force).

Cite this passage

Justinian I, The Digest of Justinian §17.2.56.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:17.2.56.pr

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