← Justinian I

The Digest of Justinian

§4.3.14.pr

Action on Fraud Against Wards Committing Simple Deceit

Paul presents concrete examples of malicious acts by a ward that do not require complex schemes, where an action on fraud should be granted.

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[PAULUS libro undecimo ad edictum.]

[PAUL, book eleven on the Edict.]

§4.3.14.pr

​Quid enim, si1 impetrauerit a procuratore petitoris, ut ab eo absolueretur, uel si de tutore mentitus2 pecuniam accepit, uel alia similia admisit, quae non magnam machinationem exigunt?

​For what if he obtained from the plaintiff’s representative that he should be released by him, or if he received money by lying about his guardian, or committed other similar acts which do not require great machination?

Syntax notes2 items
  1. 4.3.14.prQuid enim, si

    This is a rhetorical question based on the preceding opinion of Ulpian (that a ward near puberty can be sued for his own fraud), presenting concrete examples. It introduces conditional clauses with verbs like impetrauerit, accepit, and admisit, meaning "For what if... (would he not indeed be liable to the action on fraud)?"

  2. 4.3.14.prde tutore mentitus

    mentitus is the perfect participle of the deponent verb mentior (to lie) and has an active meaning ("having lied", "by lying"). de tutore means lying "about the guardian" (for example, falsely claiming to have the guardian's authority).

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:4.3.14.pr