Justinian I · The Digest of Justinian §4.3.17.pr-4.3.17.1

Relief by One Joint Tortfeasor and Liability of Heirs

Passage 678 of 9271 · Latin

Summary

This section explains the effect of restitution or monetary compensation by one of multiple joint tortfeasors (releasing all from liability), and states that the action for fraud is granted against heirs only to the extent of their inheritance.

[ULPIANUS libro undecimo ad edictum. ] §4.3.17.prSi plures dolo fecerint et unus restituerit, omnes liberantur: quod si unus quanti ea res est praestiterit, puto adhuc ceteros liberari.

[ULPIANUS libro undecimo ad edictum.] If several persons have acted with malicious intent, and one of them has made restitution, all are released; but if one has paid the value of the matter in question, I think that the others are still released.

§4.3.17.1Haec actio in heredem et ceteros successores datur dumtaxat de eo quod ad eos peruenit.

This action is granted against an heir and other successors only to the extent of what has come into their hands.

Notes

4.3.17.prquanti ea res est — The phrase utilizes 'quanti', a genitive of value, to represent the monetary value of the matter in question ('how much the thing is worth'). It functions syntactically as the object of the verb 'praestiterit' (has paid/rendered).
4.3.17.1de eo quod ad eos peruenit — The phrase 'de eo' following 'dumtaxat' (only to the extent of) is qualified by the relative clause 'quod ad eos peruenit' (what has reached them). This expresses the classical Roman law rule that liability of an heir for the deceased's delict is limited to the enrichment actually received (active status of the estate).

Cite this passage

Justinian I, The Digest of Justinian §4.3.17.pr-4.3.17.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:4.3.17.pr-4.3.17.1

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