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Justinian I · The Digest of Justinian §4.3.8.pr

Action for Fraud for False Assurances of Solvency

Passage 669 of 9271 · Latin

Summary

Explains that if a person, knowing that a debtor's means are declining, falsely affirms the debtor's solvency for their own gain to deceive another, an action for fraud must be granted.

[GAIUS libro quarto ad edictum prouinciale. ] §4.3.8.prQuod si cum scires eum facultatibus labi, tui lucri gratia adfirmasti mihi idoneum esse, merito aduersus te, cum mei decipiendi gratia alium falso laudasti, de dolo iudicium dandum est.
[GAIUS libro quarto ad edictum prouinciale.] But if, although you knew that his means were declining, you affirmed to me for the sake of your own gain that he was solvent, with good reason an action for fraud must be granted against you, since you falsely praised another for the sake of deceiving me.

Notes

  1. 4.3.8.prQuod si cum scires — Quod si means 'But if,' serving to connect with the preceding statement. cum scires takes the subjunctive imperfect, expressing a concessive ('although you knew') or circumstantial ('when you knew') clause.
  2. 4.3.8.preum facultatibus labi — An accusative with infinitive (ACI) construction serving as the object of scires. eum is the subject accusative, and labi (to slip, decline) is the infinitive. facultatibus is an ablative of specification ('in terms of resources/means').
  3. 4.3.8.prcum... laudasti — A cum clause with the indicative perfect laudasti (syncopated form of laudauisti). By taking the indicative rather than the subjunctive, it functions as an objective statement of cause or fact ('since you actually praised'), rather than a mere circumstance or concession.
  4. 4.3.8.prmei decipiendi gratia — A gerundive construction. The genitive mei (of me) agrees with decipiendi (of deceiving), which combined with the postpositional gratia (for the sake of) expresses purpose ('for the sake of deceiving me').

Cite this passage

Justinian I, The Digest of Justinian §4.3.8.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:4.3.8.pr

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