[PAULUS libro trigensimo ad edictum. ] §15.1.31.prSed si ipse heres dolo fecit, solidum praestat.
[PAULUS in the thirtieth book on the Edict.] But if the heir himself has acted with malice, he is liable for the whole amount.
Justinian I · The Digest of Justinian §15.1.31.pr
Heir's Full Liability Arising from Personal Fraud
Summary
Paulus states that if the heir himself has acted with malice, rather than the deceased, he must assume liability for the entire amount, rather than just the extent of the acquired profit.
Notes
- §15.1.31.prsolidum — A substantival use of the neuter singular accusative adjective, serving as the direct object of the verb 'praestat' and meaning 'the whole amount'. This stands in contrast to the rule stated by Ulpian in the preceding fragment (15.1.30.7), where an heir's liability for the deceased's fraud is limited 'to the extent of what has come to his hands' (in id quod ad eum peruenit); if the heir himself acted with malice (dolo), he faces unlimited liability for the full amount.
Cite this passage
Justinian I, The Digest of Justinian §15.1.31.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:15.1.31.pr
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