Humanitext Reader

Justinian I · The Digest of Justinian §38.5.10.pr

Loss of Patron's Action when Defrauded Property Ceases to Exist

Passage 6012 of 9271 · Latin

Summary

It explains that if property alienated by a freedman to defraud his patron no longer exists, the patron's action fails, illustrating this with cases where money was squandered or a third party acquired the property by usucaption.

[AFRICANUS libro primo quaestionum. ] §38.5.10.prSi id, quod a liberto in fraudem alienatum est, non extet, actio patroni cessat, quemadmodum si pecuniam in fraudem abiecisset aut etiam si is, qui mortis causa a liberto accepisset, eam rem uendidisset et bonae fidei emptor eam usu cepisset.
[AFRICANUS in the first book of Questions.] If that which has been alienated by a freedman in fraud of his patron does not exist, the patron's action fails, just as if the freedman had thrown away money in fraud, or even if the person who had received it from the freedman on account of death had sold the property and a bona fide purchaser had acquired it by usucaption.

Notes

  1. §38.5.10.prin fraudem — Refers to the intention to defraud the patron (in fraudem patroni) of his lawful share. It implies an intentional act to diminish the patron's statutory portion of the estate.
  2. §38.5.10.prmortis causa — Refers to transfers made in contemplation of death (mortis causa), such as a donation mortis causa, which take effect upon the death of the donor.
  3. §38.5.10.prusu cepisset — Refers to usucapio (acquisition of ownership by prescription). It means acquiring ownership through continuous possession for a legally defined period based on good faith and a just title (here, sale), which bars the original owner's claim for recovery.

Cite this passage

Justinian I, The Digest of Justinian §38.5.10.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:38.5.10.pr

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