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Justinian I · The Digest of Justinian §27.6.8.pr

Action Against Co-authorizers for the Deficiency

Passage 4038 of 9271 · Latin

Summary

Presents the opinion of Sabinus that if recovery from one of several co-authorizers is incomplete or nil, an action for the remaining balance should not be denied against the others.

[PAULUS libro duodecimo ad edictum. ] §27.6.8.pret ideo si nihil aut non totum seruatum sit, in reliquos non denegandam in id quod deest Sabinus scribit.
[PAULUS libro duodecimo ad edictum.] And therefore Sabinus writes that if nothing or not the whole amount has been recovered, an action is not to be denied against the remaining persons for that which is lacking.

Notes

  1. §27.6.8.prnon denegandam — The gerundive denegandam (feminine accusative singular) modifies the noun actionem (action), which is understood and omitted in the context, forming an accusative with infinitive construction (with esse also omitted) as the object of scribit.
  2. §27.6.8.prin id quod deest — The prepositional phrase in id (with respect to that, to the extent of that) is modified by the relative clause quod deest (which is lacking), meaning "for the amount that is lacking."

Cite this passage

Justinian I, The Digest of Justinian §27.6.8.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:27.6.8.pr

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