- Source
- Digesta Iustiniani Augusti. Mommsen, Theodor & Krueger, Paul, editors. Berlin: Weidmann, 1870.
- Translation
- AI-generated (gemini-3.5-flash) — machine translation; may contain errors
- Languages
- 日本語 · English · 简体中文 · 한국어
- CTS URN
- urn:cts:latinLit:phi2806.phi002.humanitext-lat1:4.3.13.pr-4.3.13.1
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-08
This section discusses the applicability of the action on fraud to and against heirs, as well as the limitations and exceptions regarding such actions against a ward.
[ULPIANUS libro undecimo ad edictum.]
[ULPIAN, book eleven on the Edict.]
Heredibus tamen harum personarum, item aduersus heredes1 de dolo actio erit danda.
However, the action on fraud shall be granted to the heirs of these persons, and likewise against their heirs.
Item in causae cognitione uersari Labeo ait, ne in pupillum de dolo detur2 actio, nisi forte nomine hereditario conueniatur. ego arbitror et ex suo dolo conueniendum,3 si proximus pubertati est, maxime si locupletior ex hoc factus est.
Likewise, Labeo says that it depends on the judicial inquiry into the case that an action on fraud is not to be granted against a ward, unless by chance he is sued in his capacity as an heir. I think that he should also be sued on account of his own fraud, if he is close to puberty, especially if he has been made richer by this.
- 4.3.13.prHeredibus... aduersus heredes
The dative heredibus indicates the party to whom the action is granted (the heirs as plaintiffs), whereas the prepositional phrase aduersus heredes indicates those against whom the action is brought (the heirs as defendants).
- 4.3.13.1in causae cognitione uersari... ne... detur
The clause ne... detur (that the action is not to be granted) functions as the subject or explanatory content of versari in causae cognitione (to depend on the judicial inquiry into the case), showing that this is a matter for the praetor's discretion based on individual facts.
- 4.3.13.1conueniendum
A gerundive construction with esse omitted, serving as the predicate of the accusative-and-infinitive clause depending on arbitror. The implied subject is pupillum (the ward) from the preceding context, expressing passive obligation ('that he should be sued').