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The Digest of Justinian

§4.3.26.pr

Action for Fraud Against Heirs Limited to Enrichment

Gaius explains the provincial edict's rule that the action for fraud is granted against the heir of the wrongdoer only to the extent that the heir has been enriched by the inheritance.

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[GAIUS libro quarto ad edictum prouinciale.]

[GAIUS libro quarto ad edictum prouinciale.]

§4.3.26.pr

​In heredem eatenus daturum se eam actionem proconsul pollicetur, quatenus1 ad eum peruenerit,2 id est quatenus ex ea re locupletior ad eum hereditas uenerit

​The proconsul promises that he will grant that action against an heir only to the extent that it has reached him, that is, to the extent that the inheritance has come to him enriched from that matter.

Syntax notes2 items
  1. 4.3.26.preatenus ... quatenus

    The correlative terms eatenus (adverb, "to that extent") and quatenus (conjunction, "to the extent that") are used here to limit the liability of the wrongdoer's heir strictly to the enrichment derived from the fraud.

  2. 4.3.26.prperuenerit

    Although the subject of the verb is not explicitly expressed, it refers contextually to the gain or profit (aliquid/lucrum) derived from the fraud. This is confirmed by the subsequent clarifying clause starting with "id est," where it is equated with the inheritance arriving "enriched" (locupletior).

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:4.3.26.pr