- Source
- Digesta Iustiniani Augusti. Mommsen, Theodor & Krueger, Paul, editors. Berlin: Weidmann, 1870.
- Translation
- AI-generated (gemini-3.5-flash) — machine translation; may contain errors
- Languages
- 日本語 · English · 简体中文 · 한국어
- CTS URN
- urn:cts:latinLit:phi2806.phi002.humanitext-lat1:4.3.38.pr
- Generated
- Humanitext Reader · reader.humanitext.ai · 2026-11-08
This section explains the difference in legal remedies (action on fraud for those over twenty-five and restoration to the original position for minors) available to a creditor who was deceived into releasing a debtor by a forged letter.
[IDEM libro quinto opinionum.]
[THE SAME, in the fifth book of Opinions.]
Quidam debitor epistulam quasi a Titio mitti creditori suo effecit,1 ut ipse liberetur: hac epistula creditor deceptus Aquiliana stipulatione et acceptilatione liberauit debitorem: postea epistula falsa uel inani reperta creditor maior quidem annis uiginti quinque2 de dolo habebit actionem, minor autem in integrum restituetur.
A certain debtor brought it about that a letter, as if sent by Titius, was delivered to his creditor, in order that he himself might be released. The creditor, deceived by this letter, released the debtor by means of an Aquilian stipulation and acceptilation. Afterwards, when the letter was found to be forged or void, a creditor who is indeed over twenty-five years of age will have an action on fraud, whereas a minor will be restored to his original position.
- 4.3.38.prepistulam quasi a Titio mitti creditori suo effecit
The object of the verb 'effecit' is expressed by the accusative-with-infinitive construction, consisting of the accusative 'epistulam' and the passive infinitive 'mitti'. This is further followed by the subjunctive clause 'ut ipse liberetur' indicating purpose or result.
- 4.3.38.prmaior quidem annis uiginti quinque
The phrase 'annis uiginti quinque' functions as an ablative of comparison modifying the comparative 'maior' (older). In Roman law, the age of twenty-five was the threshold distinguishing majority (maior) from minority (minor), the latter being entitled to special legal remedies like 'restitutio in integrum'.