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Justinian I · The Digest of Justinian §16.3.9.pr

Scope of Heirs' Liability in an Action on Deposit

Passage 2414 of 9271 · Latin

Summary

Paulus explains that in an action on deposit, one must sue an heir in proportion to their share if the claim is based on the deceased's act, but for the whole amount if based on the heir's own wrongdoing.

[Paulus libro septimo decimo ad edictum. ] §16.3.9.prIn depositi actione si ex facto defuncti agatur aduersus unum ex pluribus heredibus, pro parte hereditaria agere debeo: si uero ex suo delicto, pro parte non ago: merito, quia aestimatio refertur ad dolum, quem in solidum ipse heres admisit.
[PAULUS libro septimo decimo ad edictum.] In the action on deposit, if an action is brought on the basis of the deed of the deceased against one of several heirs, I must sue in proportion to his share of the inheritance; but if it is on the basis of his own wrongdoing, I do not sue in proportion to his share. This is with good reason, because the assessment of damages relates to the fraud which the heir himself committed for the whole.

Notes

  1. §16.3.9.prex facto defuncti agatur — The verb agatur is a passive impersonal third-person singular, indicating a hypothetical bringing of an action. ex facto defuncti means 'on the basis of the deed of the deceased'.
  2. §16.3.9.prpro parte non ago — Meaning 'I do not sue in proportion to the share', which by contrast implies that the plaintiff sues for the whole amount (in solidum) due to the personal fraud of the heir.
  3. §16.3.9.prin solidum — An adverbial phrase meaning 'for the whole' or 'jointly and severally'. It indicates that the heir himself committed the fraud (dolus) in full, thereby bearing liability for the whole amount rather than a divided share.

Cite this passage

Justinian I, The Digest of Justinian §16.3.9.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:16.3.9.pr

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