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Justinian I · The Digest of Justinian §4.3.26.pr

Action for Fraud Against Heirs Limited to Enrichment

Passage 687 of 9271 · Latin

Summary

Gaius explains the provincial edict's rule that the action for fraud is granted against the heir of the wrongdoer only to the extent that the heir has been enriched by the inheritance.

[GAIUS libro quarto ad edictum prouinciale. ] §4.3.26.prIn heredem eatenus daturum se eam actionem proconsul pollicetur, quatenus ad eum peruenerit, id est quatenus ex ea re locupletior ad eum hereditas uenerit
[GAIUS libro quarto ad edictum prouinciale.] The proconsul promises that he will grant that action against an heir only to the extent that it has reached him, that is, to the extent that the inheritance has come to him enriched from that matter.

Notes

  1. §4.3.26.preatenus ... quatenus — The correlative terms eatenus (adverb, "to that extent") and quatenus (conjunction, "to the extent that") are used here to limit the liability of the wrongdoer's heir strictly to the enrichment derived from the fraud.
  2. §4.3.26.prperuenerit — Although the subject of the verb is not explicitly expressed, it refers contextually to the gain or profit (aliquid/lucrum) derived from the fraud. This is confirmed by the subsequent clarifying clause starting with "id est," where it is equated with the inheritance arriving "enriched" (locupletior).

Cite this passage

Justinian I, The Digest of Justinian §4.3.26.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:4.3.26.pr

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