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Justinian I · The Digest of Justinian §17.2.84.pr

Action Against the Principal Ordering a Partnership

Passage 2588 of 9271 · Latin

Summary

It states that whenever a partnership is contracted by someone's order with their son or an outsider, an action can be brought directly against the person whose character was relied upon in the contract.

[LABEO libro sexto posteriorum a Iauoleno epitomatorum. ] §17.2.84.prQuotiens iussu alicuius uel cum filio eius uel cum extraneo societas coitur, directo cum illius persona agi posse, cuius persona in contrahenda societate spectata sit.
[LABEO, Epitomes of the Posthumous Works by Javolenus, book 6.] Whenever a partnership is entered into by the order of someone, either with his son or with an outsider, an action can be brought directly against the person of him whose character was looked to in contracting the partnership.

Notes

  1. 17.2.84.pragi posse — An accusative with infinitive construction (indirect speech) where the main governing verb (such as Labeo ait) is omitted, typical of juristic responses. agi is an impersonal passive infinitive from cum aliquo agere (to bring an action against someone).
  2. 17.2.84.prcuius persona — The relative pronoun cuius refers back to illius. In this context, 'that person' (illius) designates the ordering party (alicuius) rather than the son or the outsider. It explains that the action lies directly against the person whose identity and credit were actually relied upon in forming the partnership.

Cite this passage

Justinian I, The Digest of Justinian §17.2.84.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:17.2.84.pr

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