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The Digest of Justinian

§4.3.17.pr-4.3.17.1

Relief by One Joint Tortfeasor and Liability of Heirs

This section explains the effect of restitution or monetary compensation by one of multiple joint tortfeasors (releasing all from liability), and states that the action for fraud is granted against heirs only to the extent of their inheritance.

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[ULPIANUS libro undecimo ad edictum.]

[ULPIANUS libro undecimo ad edictum.]

§4.3.17.pr

​Si plures dolo fecerint et unus restituerit, omnes liberantur: quod si unus quanti ea res est1 praestiterit, puto adhuc ceteros liberari.

​If several persons have acted with malicious intent, and one of them has made restitution, all are released; but if one has paid the value of the matter in question, I think that the others are still released.

§4.3.17.1

​Haec actio in heredem et ceteros successores datur dumtaxat de eo quod ad eos peruenit.2

​This action is granted against an heir and other successors only to the extent of what has come into their hands.

Syntax notes2 items
  1. 4.3.17.prquanti ea res est

    The phrase utilizes 'quanti', a genitive of value, to represent the monetary value of the matter in question ('how much the thing is worth'). It functions syntactically as the object of the verb 'praestiterit' (has paid/rendered).

  2. 4.3.17.1de eo quod ad eos peruenit

    The phrase 'de eo' following 'dumtaxat' (only to the extent of) is qualified by the relative clause 'quod ad eos peruenit' (what has reached them). This expresses the classical Roman law rule that liability of an heir for the deceased's delict is limited to the enrichment actually received (active status of the estate).

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:4.3.17.pr-4.3.17.1