[IULIANUS libro quadragensimo nono digestorum. ] §42.8.17.prOmnes debitores, qui in fraudem creditorum liberantur, per hanc actionem reuocantur in pristinam obligationem.
[JULIANUS in the forty-ninth book of the Digests.] All debtors who are released in fraud of creditors are restored to their former obligation by this action.
§42.8.17.1Lucius Titius cum haberet creditores, libertis suis isdemque filiis naturalibus uniuersas res suas tradidit.
Lucius Titius, while having creditors, transferred his entire property to his freedmen who were also his natural sons.
respondit: quamuis non proponatur consilium fraudandi habuisse, tamen qui creditores habere se scit et uniuersa bona sua alienauit, intellegendus est fraudandorum creditorum consilium habuisse: ideoque et si filii eius ignorauerunt hanc mentem patris sui fuisse, hac actione tenentur.
He answered: although it is not propounded that he had the intention of defrauding, nevertheless he who knows that he has creditors and has alienated his entire property must be understood to have had the intention of defrauding his creditors; and therefore, even if his sons were ignorant that this was the mind of their father, they are held liable by this action.
§42.8.17.2Si uir uxori, cum creditores suos fraudare uellet, soluto matrimonio praesentem dotem reddidisset, quam statuto tempore reddere debuit, hac actione mulier tantum praestabit, quanti creditorum intererat dotem suo tempore reddi: nam praetor fraudem etiam in tempore fieri intellegit.
If a husband, wishing to defraud his creditors, upon the dissolution of the marriage, had returned the dowry immediately, which he ought to have returned at the appointed time, by this action the woman shall make good only so much as it was of interest to the creditors that the dowry should be returned at its proper time; for the praetor understands that fraud is committed also in respect of time.