Justinian I · The Digest of Justinian §4.3.13.pr-4.3.13.1

Action on Fraud Involving Heirs and Wards

Passage 674 of 9271 · Latin

Summary

This section discusses the applicability of the action on fraud to and against heirs, as well as the limitations and exceptions regarding such actions against a ward.

[ULPIANUS libro undecimo ad edictum. ] §4.3.13.prHeredibus tamen harum personarum, item aduersus heredes de dolo actio erit danda.

[ULPIAN, book eleven on the Edict.] However, the action on fraud shall be granted to the heirs of these persons, and likewise against their heirs.

§4.3.13.1Item in causae cognitione uersari Labeo ait, ne in pupillum de dolo detur actio, nisi forte nomine hereditario conueniatur.

Likewise, Labeo says that it depends on the judicial inquiry into the case that an action on fraud is not to be granted against a ward, unless by chance he is sued in his capacity as an heir.

ego arbitror et ex suo dolo conueniendum, si proximus pubertati est, maxime si locupletior ex hoc factus est.

I think that he should also be sued on account of his own fraud, if he is close to puberty, especially if he has been made richer by this.

Notes

4.3.13.prHeredibus... aduersus heredes — The dative heredibus indicates the party to whom the action is granted (the heirs as plaintiffs), whereas the prepositional phrase aduersus heredes indicates those against whom the action is brought (the heirs as defendants).
4.3.13.1in causae cognitione uersari... ne... detur — The clause ne... detur (that the action is not to be granted) functions as the subject or explanatory content of versari in causae cognitione (to depend on the judicial inquiry into the case), showing that this is a matter for the praetor's discretion based on individual facts.
4.3.13.1conueniendum — A gerundive construction with esse omitted, serving as the predicate of the accusative-and-infinitive clause depending on arbitror. The implied subject is pupillum (the ward) from the preceding context, expressing passive obligation ('that he should be sued').

Cite this passage

Justinian I, The Digest of Justinian §4.3.13.pr-4.3.13.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:4.3.13.pr-4.3.13.1

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