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Justinian I · The Digest of Justinian §22.3.6.pr

Burden of Proof for a Freedman's Fraudulent Disposal

Passage 3224 of 9271 · Latin

Summary

The regulation stating that a patron must clearly prove that his freedman made a transfer to defraud him in order to recover a portion of the property disposed of in fraud.

[SCAEUOLA libro secundo responsorum. ] §22.3.6.prPatronum manifeste docere debere libertum in fraudem suam aliquid dedisse, ut partem eius quod in fraudem datum esset posset auocare.
[SCAEVOLA, in the second book of Responses.] A patron must clearly prove that his freedman has given something to defraud him, so that he may be able to recover a part of that which was given to defraud.

Notes

  1. §22.3.6.prdebere — An infinitive in the accusative with infinitive (A.C.I.) construction. Due to the omission of the main verb of replying (such as respondit) implied by the title of the work, it represents indirect speech or a legal requirement. Its subject is the accusative Patronum.
  2. §22.3.6.prin fraudem suam — The reflexive possessive adjective suam refers to the logical subject of the infinitive, Patronum, meaning "to the defraud (detriment) of the patron," rather than referring to the freedman.
  3. §22.3.6.prdatum esset — Subjunctive imperfect passive. The relative clause quod ... datum esset takes the subjunctive due to attraction of mood (attractio modi), being dependent upon and embedded within the purpose clause ut ... posset auocare.

Cite this passage

Justinian I, The Digest of Justinian §22.3.6.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:22.3.6.pr

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