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The Digest of Justinian

§4.3.36.pr

Inadmissibility of the Action for Fraud Between Complicit Parties

This section states the legal principle that if both parties have acted with malicious intent, they cannot bring an action on fraud against each other.

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[MARCIANUS libro secundo regularum.]

[MARCIANUS, in the second book of Rules.]

§4.3.36.pr

​Si duo dolo malo fecerint, inuicem de dolo non agent.1

​If two persons have acted with malicious intent, they shall not bring an action on fraud against each other.

Syntax notes1 item
  1. 4.3.36.prde dolo non agent

    The verb agere is used in its technical legal sense of "to bring an action" with the object actionem omitted. Combined with the prepositional phrase de dolo (concerning fraud), it means "to bring an action on fraud." The subject is duo from the preceding clause.

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:4.3.36.pr