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Justinian I · The Digest of Justinian §42.1.51.pr-42.1.51.1

Liability for Fraudulent Sale and Discharge by Compensating Creditors

Passage 6903 of 9271 · Latin

Summary

This passage discusses the liability for the whole amount when a debtor intentionally causes his property to be sold, and the release of the debtor when the seller compensates the creditor for damages after the creditor was denied entry to take possession.

[PAULUS libro secundo manualium. ] §42.1.51.prSi quis dolo fecerit, ut bona eius uenirent, in solidum tenetur.
[PAULUS, in the second book of Manuals.] If anyone has acted with malice in order that his property should be sold, he is liable for the whole amount.
§42.1.51.1Si quis creditorem missum in possessionem rei seruandae causa non admiserit, si uenditor praestiterit creditori, quanti eius interfuerit, quaesitum est an debitor liberetur.
If anyone has not admitted a creditor who has been put in possession for the purpose of preserving the property, and if the seller has paid to the creditor the amount of his interest, it was asked whether the debtor is released.
et puto improbum esse eum, qui uelit iterum consequi quod accepit.
And I think that he is dishonest who wishes to obtain a second time what he has already received.

Notes

  1. 42.1.51.pruenirent — uenirent is the 3rd person plural imperfect subjunctive of the irregular verb ueneo (to be sold), not to be confused with uenio (to come). Here, in the object clause introduced by fecerit ut, it expresses the passive selling of 'his property' (bona eius).
  2. 42.1.51.1quanti eius interfuerit — A construction with the impersonal verb interest. quanti is a genitive of value indicating the amount, and eius (genitive, referring to the creditor) is the person concerned. The entire phrase means 'how much it mattered to him', representing the amount of interest or damages suffered by the creditor.
  3. 42.1.51.1eum — The subject of the accusative with infinitive clause (improbum esse eum) depending on puto. It is modified by the relative clause qui uelit... and in this context refers to the 'creditor' who, having already received payment from the seller (uenditor), wishes to recover it a second time from the debtor (debitor).

Cite this passage

Justinian I, The Digest of Justinian §42.1.51.pr-42.1.51.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:42.1.51.pr-42.1.51.1

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