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Justinian I · The Digest of Justinian §17.1.42.pr

Mandatary's Fraud in Asset Inquiries and the Mandate Action

Passage 2482 of 9271 · Latin

Summary

Ulpian explains that a mandatory is liable under the action on mandate if they falsely purchase an inheritance from the mandator by pretending its assets are smaller, or if they falsely report that a prospective debtor is solvent.

[ULPIANUS libro undecimo ad edictum. ] §17.1.42.prSi mandauero tibi, ut excuteres uires hereditatis, et tu, quasi minor sit, eam a me emeris, et mandati mihi teneberis.
[ULPIANUS, On the Edict, Book XI.] If I have mandated you to investigate the assets of an inheritance, and you, as if they were smaller, have bought it from me, you will also be held liable to me under the mandate.
tantundem et si tibi mandaui, ut uires excuteres eius cui eram crediturus et renuntiaueris eum idoneum esse.
The same holds true if I mandated you to investigate the assets of one to whom I was about to extend credit, and you reported that he was solvent.

Notes

  1. §17.1.42.prquasi minor sit — The conjunction quasi with the subjunctive sit expresses a hypothetical comparison ("as if it were smaller"). The subject of minor is implicitly the value of the inheritance (hereditas or its uires), pointing to a fraudulent situation where the mandatary concealed the true assets to purchase it cheaply.
  2. §17.1.42.prmandati mihi teneberis — mandati is a genitive of charge or cause of action, referring to the actio mandati. The adverbial et ("also") indicates that the party is held liable under the action on mandate in addition to any other liabilities arising from the sale (such as actio empti).
  3. §17.1.42.prcui eram crediturus — The relative pronoun cui in the dative is the object of credere (to extend credit or lend to). eram crediturus is a periphrastic active construction combining the future active participle with the imperfect eram, expressing a past intention or readiness ("to whom I was about to extend credit").

Cite this passage

Justinian I, The Digest of Justinian §17.1.42.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:17.1.42.pr

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