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Justinian I · The Digest of Justinian §9.3.3.pr

Joint Liability and Discharge of Co-occupants in Effusion

Passage 1577 of 9271 · Latin

Summary

Ulpian explains that the action against co-occupants is for the whole amount, and if the action is brought against one of them, the others are released.

[ULPIANUS libro uicensimo tertio ad edictum. ] §9.3.3.pret quidem in solidum: sed si cum uno fuerit actum, ceteri liberabuntur.
[ULPIANUS in the twenty-third book on the Edict.] and indeed for the whole amount; but if the action has been brought against one, the others will be released.

Notes

  1. §9.3.3.prin solidum — A legal idiom meaning "for the whole" or "jointly and severally." It indicates that each of the co-occupants is liable for the full amount, rather than just a proportional share.
  2. §9.3.3.prfuerit actum — The impersonal passive voice in the future perfect tense of the expression agere cum aliquo (to bring an action against someone). In the conditional clause (si), it denotes an action that will have been completed prior to the future action of the main clause (liberabuntur).

Cite this passage

Justinian I, The Digest of Justinian §9.3.3.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:9.3.3.pr

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