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The Digest of Justinian

§4.3.27.pr

Liability of Heirs for Fraudulent Prevention of Enrichment

A supplementary provision for the case where it was due to the heir's malice that the enrichment did not reach him.

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[PAULUS libro undecimo ad edictum.]

[PAULUS libro undecimo ad edictum.]

§4.3.27.pr

​doloue malo eius factum est, quo minus1 peruenerit.

​or if it was brought about by his malice that it did not reach him.

Syntax notes1 item
  1. 4.3.27.prfactum est, quo minus

    This is a construction where the impersonal expression factum est is followed by quominus (or quo minus) and the subjunctive (here peruenerit), meaning 'it was brought about that... not...' or 'it was prevented from...'. Here, it negatively continues peruenerit (to reach) from the preceding text (§4.3.26.pr), indicating that it was due to the heir's malice that the enrichment did not reach him.

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:4.3.27.pr