Humanitext Reader

Justinian I · The Digest of Justinian §27.3.15.pr

Effects of Compromise and Payment by Fraudulent Co-Guardians

Passage 4009 of 9271 · Latin

Summary

Ulpian explains that a compromise with one of two fraudulent guardians does not benefit the other, but a payment made by one discharges the other, drawing an analogy to loan, deposit, and mandate.

[ULPIANUS libro primo disputationum. ] §27.3.15.prSi ex duobus tutoribus cum altero quis transegisset, quamuis ob dolum communem, transactio nihil proderit alteri, nec immerito, cum unusquisque doli sui poenam sufferat.
[ULPIANUS in his first book Of Discussions]\n\nIf anyone has made a compromise with one of two guardians, even though on account of a common fraud, the compromise will be of no benefit to the other; and not without reason, since each one must bear the penalty of his own fraud.
quod si conuentus alter praestitisset, proficiet id quod praestitit ei qui conuentus non est: licet enim doli ambo rei sint, tamen sufficit unum satisfacere, ut in duobus, quibus res commodata est uel deposita quibusque mandatum est.
But if one of them, having been sued, has made payment, what he paid will benefit the one who was not sued; for although both may be liable for fraud, yet it is sufficient for one to make satisfaction, as in the case of two persons to whom a thing has been lent or deposited, and to whom a mandate has been given.

Notes

  1. §27.3.15.prdoli ambo rei sint — "doli" is a genitive of charge or liability governed by the noun/adjective "rei" (plural of "reus", meaning liable or defendant). The phrase means "although both may be liable for fraud".
  2. §27.3.15.prconuentus — Perfect passive participle of "conuenero" (to sue, summon), here modifying the subject "alter" (the other/one of the two) and meaning "having been sued" or "summoned".

Cite this passage

Justinian I, The Digest of Justinian §27.3.15.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:27.3.15.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.