Humanitext Reader

Justinian I · The Digest of Justinian §39.2.27.pr

Stipulation and Promise of Security by Building Co-owners

Passage 6151 of 9271 · Latin

Summary

Paulus explains how co-owners of a building should handle the specification of their shares when stipulating for security against threatened damage, contrasted with when they are the owners promising such security.

[PAULUS libro septuagensimo octauo ad edictum. ] §39.2.27.prPlures earumdem aedium domini singuli stipulari debent sine adiectione partis, quia de suo quisque damno stipulatur: quin immo pars adiecta partis partem faciet.
[PAULUS in the seventy-eighth book on the Edict.] Several owners of the same building ought each to stipulate individually without the addition of their share, because each stipulates for his own damage; nay, indeed, a share added will make a part of a part.
contra si plures domini sint uitiosarum aedium, pro sua quisque parte promittere debet, ne singuli in solidum obligentur.
On the other hand, if there are several owners of a defective building, each ought to promise in proportion to his own share, lest they should individually be bound for the whole.

Notes

  1. §39.2.27.prpars adiecta partis partem faciet — Meaning "the share added will make a part of a part." Since the damage each co-owner suffers already corresponds to their own share, explicitly adding the specification of one's share in the stipulation would lead to the legal disadvantage where one is deemed to stipulate only for a fraction of that share (a part of a part).
  2. §39.2.27.prin solidum — A legal term meaning "for the whole" or "jointly and severally" (solidarily). In the case where co-owners of a defective building give security, they must promise in proportion to their respective shares (pro sua parte) so that they are not individually liable for the whole (in solidum).

Cite this passage

Justinian I, The Digest of Justinian §39.2.27.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:39.2.27.pr

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