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Justinian I · The Digest of Justinian §1.3.29.pr

Distinction Between Contravention and Fraud of the Law

Passage 48 of 9271 · Latin

Summary

This text defines the legal distinction between acting contrary to the law (violating its letter) and acting in fraud of the law (circumventing its intent while adhering to its words).

[IDEM libro singulari ad legem Cinciam. ] §1.3.29.prContra legem facit, qui id facit quod lex prohibet, in fraudem uero, qui saluis uerbis legis sententiam eius circumuenit.
[THE SAME, On the Lex Cincia, in one book]\n\nHe acts contrary to the law who does what the law prohibits; but he acts in fraud of the law who, while keeping the words of the law intact, circumvents its meaning.

Notes

  1. §1.3.29.prin fraudem — This phrase stands in contrast with Contra legem facit in the preceding clause, with the verb facit understood from context to mean "acts in circumvention (of the law)."
  2. §1.3.29.prsaluis uerbis legis — An ablative absolute construction consisting of the adjective saluis and the noun uerbis, meaning "the words of the law being safe," indicating that the letter of the law is not technically violated.
  3. §1.3.29.prsententiam eius — The genitive pronoun eius refers back to legis. The noun sententiam denotes the "spirit, intent, or meaning" of the law, as opposed to its literal words (uerba).

Cite this passage

Justinian I, The Digest of Justinian §1.3.29.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:1.3.29.pr

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