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Justinian I · The Digest of Justinian §17.2.69.pr

Remedies for Breach of Agreement to Release a Partner

Passage 2573 of 9271 · Latin

Summary

It explains the available actions (on partnership and on sale) when a partnership is formed for purchasing, and one partner agrees to provide a feast in exchange for being released from the transaction, but fails to fulfill the agreement.

[ULPIANUS libro trigensimo secundo ad edictum. ] §17.2.69.prCum societas ad emendum coiretur et conueniret, ut unus reliquis nundinas id est epulas praestaret eosque a negotio dimitteret, si eas eis non soluerit, et pro socio et ex uendito cum eo agendum est.
[ULPIANUS in the thirty-second book on the edict.] When a partnership was formed for purchasing and it was agreed that one should provide the market-day entertainment, that is, a feast, to the rest and release them from the business, if he does not perform these for them, action must be brought against him both on the partnership and on the sale.

Notes

  1. §17.2.69.prnundinas id est epulas — The feminine plural noun `nundinae` (market-days) is placed in apposition with `id est epulas` (that is, feasts), used metonymically to refer to the entertainment or meal provided on market days.
  2. §17.2.69.pret pro socio et ex uendito cum eo agendum est — `agendum est` is an impersonal passive construction; the implied agent who should bring the action is 'the rest of the partners'. Both `pro socio` (action on partnership) and `ex uendito` (action on sale) are ablative phrases where the noun `actione` (by the action) is understood.

Cite this passage

Justinian I, The Digest of Justinian §17.2.69.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:17.2.69.pr

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