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Justinian I · The Digest of Justinian §17.2.7.pr

General Partnerships and Presumption of Partnership of Profits

Passage 2509 of 9271 · Latin

Summary

Ulpian explains that a partnership can be formed simply without specific terms, and if its type is not specified, it is presumed to be a partnership of all profits arising from business transactions, such as purchase, sale, letting, and hiring.

[ULPIANUS libro trigesimo ad Sabinum. ] §17.2.7.prCoiri societatem et simpliciter licet: et si non fuerit distinctum, uidetur coita esse uniuersorum quae ex quaestu ueniunt, hoc est si quod lucrum ex emptione uenditione, locatione conductione descendit.
[ULPIANUS in his thirtieth book on Sabinus] It is also permitted for a partnership to be entered into simply; and if no distinction has been made, it is deemed to have been entered into as a partnership of all things that come from gain, that is, if any profit derives from purchase and sale, or letting and hiring.

Notes

  1. §17.2.7.prsimpliciter — Meaning "simply" or "without any additional conditions." It refers to forming a partnership solely by a basic agreement to do so, without making specific detailed agreements regarding shares, contributions, or the type of partnership (such as a partnership of all goods or of all profits).
  2. §17.2.7.prfuerit distinctum — An impersonal use of the perfect passive (here, future perfect) of the verb distinguere, meaning "if no distinction has been made (as to what kind of partnership it is)."
  3. §17.2.7.pruniuersorum quae ex quaestu ueniunt — The noun societas from the preceding clause is understood, forming "a partnership of all things... (societas uniuersorum...)." uniuersorum is a genitive neuter plural used substantively as the antecedent of the relative pronoun quae, referring to "all things that arise from profit (quaestus)." This is the defining description of a partnership of all profits (societas quaestus) in Roman law.

Cite this passage

Justinian I, The Digest of Justinian §17.2.7.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:17.2.7.pr

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