Humanitext Reader

Justinian I · The Digest of Justinian §42.8.1.pr-42.8.1.2

Edict on Revocation of Fraudulent Acts and Its Scope

Passage 7002 of 9271 · Latin

Summary

This chunk contains the text of the praetor's edict on the revocation of fraudulent acts and the beginning of Ulpian's commentary explaining the necessity and broad scope of the edict.

[ULPIANUS libro sexagensimo sexto ad edictum. ] §42.8.1.prAit praetor: 'Quae fraudationis causa gesta erunt cum eo, qui fraudem non ignorauerit, de his curatori bonorum uel ei, cui de ea re actionem dare oportebit, intra annum, quo experiundi potestas fuerit, actionem dabo.
[ULPIAN, On the Edict, Book 66] The praetor says: 'Concerning those things which have been done for the purpose of fraud with one who was not ignorant of the fraud, I will grant an action within a year from the time when there was an opportunity to sue, to the curator of the goods or to the person to whom it will be proper to grant an action on that matter.
idque etiam aduersus ipsum, qui fraudem fecit, seruabo'. §42.8.1.1Necessario praetor hoc edictum proposuit, quo edicto consuluit creditoribus reuocando ea, quaecumque in fraudem eorum alienata sunt.
And I will also maintain this against the very person who committed the fraud.' The praetor necessarily proposed this edict, by which edict he looked after the interests of the creditors by revoking whatever things were alienated to defraud them.
§42.8.1.2Ait ergo praetor 'quae fraudationis causa gesta erunt'.
Therefore, the praetor says 'those things which have been done for the purpose of fraud'.
haec uerba generalia sunt et continent in se omnem omnino in fraudem factam uel alienationem uel quemcumque contractum.
These words are general and include in themselves absolutely every alienation made or any contract whatsoever entered into for the purpose of fraud.
quodcumque igitur fraudis causa factum est, uidetur his uerbis reuocari, qualecumque fuerit: nam late ista uerba patent.
Therefore, whatever has been done for the purpose of fraud is deemed to be revoked by these words, of whatever nature it may be: for those words have a wide application.
siue ergo rem alienauit siue acceptilatione uel pacto aliquem liberauit,
Whether, therefore, he alienated a thing, or released someone by formal discharge or by informal agreement,

Notes

  1. §42.8.1.printra annum, quo experiundi potestas fuerit — An expression indicating a time limit. The antecedent of the relative pronoun `quo` is `annum`. It refers to a "year in which there was an opportunity to sue" (known as the "annus utilis"), indicating a period calculated from the moment the power to bring an action arose.
  2. §42.8.1.1consuluit creditoribus — The verb `consulere` takes the accusative when meaning "to consult," but with the dative (here `creditoribus`), it means "to look after the interests of, to protect."
  3. §42.8.1.2siue ergo rem alienauit siue acceptilatione uel pacto aliquem liberauit — A conditional clause introduced by the correlative conjunctions `siue... siue...` (whether... or...). The main clause (apodosis) has not yet appeared within this chunk, leaving the sentence incomplete as it continues into the next section.

Cite this passage

Justinian I, The Digest of Justinian §42.8.1.pr-42.8.1.2. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:42.8.1.pr-42.8.1.2

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.