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Justinian I · The Digest of Justinian §9.4.10.pr

Remedies Against a Co-Owner Deteriorating a Common Slave

Passage 1591 of 9271 · Latin

Summary

The text discusses the legal remedies (such as the action on partnership or an action on the case) available to an owner against a co-owner who has corrupted or deteriorated their common slave.

[IDEM libro uicensimo secundo ad edictum. ] §9.4.10.prSed et eo nomine agere cum socio poterit, quod seruum communem deteriorem fecit, quemadmodum cum quolibet alio, qui rem communem deteriorem fecisset.
[THE SAME, Book 22 on the Edict] But he will also be able to sue his partner on that very account, namely, that the partner made the common slave worse, just as he could against any other person who had made a common thing worse.
ceterum si nihil praeterea post noxae deditionem commune habebit, pro socio uel, si socii non fuerunt, in factum agi poterit.
Furthermore, if he has nothing else in common after the surrender for damage, an action can be brought on the partnership, or, if they were not partners, an action on the case.

Notes

  1. §9.4.10.preo nomine ... quod — A structure where the ablative phrase 'eo nomine' (on that account/for that reason) is explained appositionally by the subordinate clause introduced by the conjunction 'quod'.

Cite this passage

Justinian I, The Digest of Justinian §9.4.10.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:9.4.10.pr

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