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Justinian I · The Digest of Justinian §17.2.74.pr

Ownership of Separately Purchased Goods and Duty to Share

Passage 2578 of 9271 · Latin

Summary

It explains that property purchased by an individual partner does not automatically become common property but remains his own, although he can be compelled to share it through the partnership action.

[PAULUS libro sexagensimo secundo ad edictum. ] §17.2.74.prSi quis societatem contraxerit, quod emit ipsius fit, non commune: sed societatis iudicio cogitur rem communicare.
[PAULUS, in the sixty-second book on the Edict.] If anyone has entered into a partnership, what he buys becomes his own, not common; but he is compelled by the action of partnership to make the property common.

Notes

  1. §17.2.74.prquod emit — A relative clause with an omitted antecedent (`id quod emit`), serving as the subject of the main verb `fit` in the principal clause.
  2. §17.2.74.prsocietatis iudicio — Ablative of means or cause. Here `iudicium` refers to the specific legal proceeding between partners (`actio pro socio`), meaning "by the action of partnership."

Cite this passage

Justinian I, The Digest of Justinian §17.2.74.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:17.2.74.pr

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