[PAULUS libro quinquagensimo nono ad edictum. ] §42.5.10.prnisi quatenus ad eum peruenit.
[Paul, on the Edict, book 59] except to the extent that it has come to him.
Justinian I · The Digest of Justinian §42.5.10.pr
Liability of Heirs to the Extent of Enrichment in Fraud Actions
Summary
Paul states the exception to the rule that delictual actions for fraud are not granted against heirs, limiting the heir's liability to the extent of the enrichment that reached them.
Notes
- §42.5.10.prnisi quatenus ad eum peruenit — An exception to the rule stated in the preceding fragment (§42.5.9.8) that an action for fraud (actio de dolo), arising from a delict, is not granted against heirs. The pronoun `eum` refers to the heir (heres), and the verb `peruenit` means that the benefit from the deceased's delict has come (reached) to the heir. This reflects the classical Roman law principle of the heir's liability limited to the extent of their enrichment (in id quod ad eum pervenit).
Cite this passage
Justinian I, The Digest of Justinian §42.5.10.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:42.5.10.pr
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