[PAULUS libro undecimo ad edictum. ] §4.3.27.prdoloue malo eius factum est, quo minus peruenerit.
[PAULUS libro undecimo ad edictum.] or if it was brought about by his malice that it did not reach him.
Justinian I · The Digest of Justinian §4.3.27.pr
Liability of Heirs for Fraudulent Prevention of Enrichment
Summary
A supplementary provision for the case where it was due to the heir's malice that the enrichment did not reach him.
Notes
- §4.3.27.prfactum est, quo minus — This is a construction where the impersonal expression `factum est` is followed by `quominus` (or `quo minus`) and the subjunctive (here `peruenerit`), meaning 'it was brought about that... not...' or 'it was prevented from...'. Here, it negatively continues `peruenerit` (to reach) from the preceding text (§4.3.26.pr), indicating that it was due to the heir's malice that the enrichment did not reach him.
Cite this passage
Justinian I, The Digest of Justinian §4.3.27.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:4.3.27.pr
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