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The Digest of Justinian

§4.3.31.pr

Action for Fraud for Damage Induced by Persuading Servants to Leave

Proculus explains that when someone persuades one's household to depart from possession, the possession itself is not lost, but an action for fraud lies against the instigator if any damage occurs.

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[PROCULUS libro secundo epistularum.]

[PROCULUS libro secundo epistularum.]

§4.3.31.pr

​Cum quis persuaserit familiae1 meae, ut de possessione decedat, possessio quidem non amittitur, sed de dolo malo iudicium in eum competit, si quid damni2 mihi accesserit.

​When someone has persuaded my household of slaves to depart from possession, the possession indeed is not lost, but an action for fraud lies against him if any damage has accrued to me.

Syntax notes2 items
  1. 4.3.31.prfamiliae

    Here, familia does not mean "family" but refers to the "household of slaves" or "domestic servants." Since it is a collective noun treated as singular, the verb in the subordinate clause, decedat, is also singular.

  2. 4.3.31.prquid damni

    A construction of the "partitive genitive," where the neuter singular genitive damni modifies the indefinite pronoun quid (the form of aliquid used after si), meaning "any damage."

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:4.3.31.pr