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Justinian I · The Digest of Justinian §9.3.4.pr

Discharge by Payment and Contribution among Co-occupants

Passage 1578 of 9271 · Latin

Summary

Following Ulpian's view, Paulus adds that the release of co-occupants occurs by the actual receipt of payment rather than by joinder of issue, and that the paying party can seek contribution from the others.

[PAULUS libro nono decimo ad edictum. ] §9.3.4.prperceptione, non litis contestatione, praestaturi partem damni societatis iudicio uel utili actione ei qui soluit.
[PAULUS in the nineteenth book on the Edict.] [This release occurs] by receipt [of payment], not by joinder of issue; and [the others] are to make good their share of the damage, by the action of partnership or by an actio utilis, to the one who paid.

Notes

  1. 9.3.4.prperceptione, non litis contestatione — Ablatives of means or cause modifying the verb liberabuntur (will be released) in the preceding fragment (D. 9.3.3.pr). It means that the release of other inhabitants occurs by the actual receipt of the payment, not by the mere joinder of issue (litis contestatio).
  2. 9.3.4.prpraestaturi — A future active participle in the nominative plural, agreeing with the implied subject ceteri (the others). The copula sunt is omitted, expressing an obligation or expectation that they must make good their share of the loss.

Cite this passage

Justinian I, The Digest of Justinian §9.3.4.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:9.3.4.pr

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