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Justinian I · The Digest of Justinian §27.6.9.pr-27.6.9.1

Action in Fact Against One Fraudulently Binding Another

Passage 4039 of 9271 · Latin

Summary

Pomponius' opinion on granting an action against one who deceitfully causes another to bind himself, and Labeo's view on the active and passive transmissibility of such actions, their one-year limitation, and their application as noxal actions against dependent persons.

[ULPIANUS libro duodecimo ad edictum. ] §27.6.9.pruius actionis exemplo Pomponius libro trigesimo primo scribit dandam actionem aduersus eum, qui dolo malo adhibuit, ut alius auctoraretur inscius.
[ULPIANUS libro duodecimo ad edictum.] Following the example of this action, Pomponius writes in his thirty-first book that an action is to be granted against a person who has employed fraud so that another, without knowing it, should bind himself.
H §27.6.9.1as in factum actiones heredibus quidem competere ceterisque successoribus, in eos uero non reddi Labeo scribit nec in ipsum post annum, quoniam et factum puniunt et in dolum concipiuntur: et aduersus eas personas, quae alieno iuri subiectae sunt, noxales erunt.
Labeo writes that these actions in factum are indeed available to heirs and other successors, but are not granted against the heirs of the wrongdoer, nor against the wrongdoer himself after a year, since they both punish a deed and are framed on the basis of fraud; and they will be noxal actions against those persons who are subject to another's power.

Notes

  1. 27.6.9.pruius — A spelling variant or scribal error showing the loss of the initial aspirate h; it must be read as the genitive feminine singular demonstrative pronoun huius, referring to the action mentioned in the previous fragment.
  2. 27.6.9.prauctoraretur — Subjunctive imperfect passive of the verb auctoro/auctoror. In legal contexts, it means to bind oneself or to become a surety; here, introduced by the purpose conjunction ut, it expresses that another person is bound by an obligation without their knowledge.
  3. 27.6.9.1as — Like uius, this exhibits the loss of the initial h and must be read as the accusative feminine plural demonstrative pronoun has, modifying the adjacent phrase in factum actiones.
  4. 27.6.9.1in eos uero non reddi — An accusative-with-infinitive clause depending on the main verb Labeo scribit. The pronoun eos refers to the heirs of the wrongdoer (the defendants), in contrast to the plaintiff's heirs (heredibus ceterisque successoribus) mentioned in the preceding clause. The preposition in indicates opposition.

Cite this passage

Justinian I, The Digest of Justinian §27.6.9.pr-27.6.9.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:27.6.9.pr-27.6.9.1

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