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Justinian I · The Digest of Justinian §42.8.14.pr

Restoration and Cession of Actions via Fraudulent Revocation

Passage 7016 of 9271 · Latin

Summary

Ulpian explains that the action on the facts for fraudulent transactions is used not only to recover ownership but also to restore and compel the transfer of actions, such as a mandate action involving intermediaries or a dowry action against a husband.

[ULPIANUS libro sexto disputationum. ]
[ULPIANUS in the sixth book of Disputations.] By this action on the facts, not only are ownerships revoked, but actions are also restored.
§42.8.14.prHac in factum actione non solum dominia reuocantur, uerum etiam actiones restaurantur. ea propter competit haec actio et aduersus eos, qui res non possident, ut restituant, et aduersus eos, quibus actio competit, ut actione cedant.
For this reason, this action lies both against those who do not possess the property, so that they may restore it, and against those who hold an action, so that they may cede the action.
proinde si interposuerit quis personam Titii, ut ei fraudator res tradat, actione mandati cedere debet.
Accordingly, if anyone has interposed the person of Titius so that the defrauder may deliver the property to him, he must cede his action on mandate.
ergo et si fraudator pro filia sua dotem dedisset sciente fraudari creditores, filia tenetur, ut cedat actione de dote aduersus maritum.
Therefore, also if a defrauder has given a dowry on behalf of his daughter, she knowing that creditors are being defrauded, the daughter is bound to cede her action concerning the dowry against her husband.

Notes

  1. 42.8.14.prsciente — The present participle sciente (ablative singular of scire, "to know") forms an ablative absolute with its logical subject (here filia, "daughter") omitted. It takes the accusative with infinitive clause fraudari creditores ("that the creditors are being defrauded") as its object.
  2. 42.8.14.practione — An ablative functioning as the object (the right being ceded) of cedere ("to cede", "to yield"). The verb cedere typically takes the thing being ceded in the ablative (or accusative) case, and the recipient in the dative.

Cite this passage

Justinian I, The Digest of Justinian §42.8.14.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:42.8.14.pr

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