Justinian I · The Digest of Justinian §4.2.15.pr

Action Against Joint Coercers for the Deficiency

Passage 653 of 9271 · Latin

Summary

Paulus presents an alternative for joint liability under duress, stating that if the full amount was not recovered from the first person sued, an action may be granted against the other wrongdoers for the remaining deficiency.

[PAULUS libro undecimo ad edictum. ] §4.2.15.prAut in id dabitur aduersus ceteros actio, quod minus ab illo exactum sit.

[PAULUS, on the Edict, Book XI.] Or, an action will be granted against the others for that portion which was recovered in a lesser amount from that person.

Notes

§4.2.15.prin id ... quod minus ... exactum sit — The prepositional phrase 'in id' is followed by the relative clause 'quod...', meaning 'for that amount which is deficient.' The adverb 'minus' modifies 'exactum sit' (completed passive subjunctive in a relative clause of characteristic), referring to the state where what was recovered from the first defendant fell short of the full claim.

Cite this passage

Justinian I, The Digest of Justinian §4.2.15.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:4.2.15.pr

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