[PAULUS libro undecimo ad edictum. ] §4.3.12.prne ex dolo suo lucrentur.
[PAUL, book eleven on the Edict.] lest they should profit from their own fraud.
Justinian I · The Digest of Justinian §4.3.12.pr
Preventing Wrongdoers from Profiting from Their Own Fraud
Summary
Presents the opinion of Paul that the wrongdoers should not be allowed to profit from their own fraud, even in situations where a direct action for fraud is not granted.
Notes
- §4.3.12.prne ex dolo suo lucrentur — A `ne` clause containing the present subjunctive `lucrentur` (third-person plural of the deponent verb `lucror`). It is interpreted as a final (purpose) clause, standing in semantic parallel with `ut bonae fidei mentio fiat` in the preceding chunk (Ulpian), explaining the purpose of granting a modified action on the facts to prevent them from profiting from their own fraud.
Cite this passage
Justinian I, The Digest of Justinian §4.3.12.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:4.3.12.pr
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