Justinian I · The Digest of Justinian §42.8.20.pr

Restitution under the Trebellian Decree and Absence of Fraud

Passage 7022 of 9271 · Latin

Summary

It is established that a debtor who restores a whole inheritance under the Trebellian senatusconsult is not considered to have defrauded creditors of the portion they could have retained, but rather to have acted faithfully.

[CALLISTRATUS libro secundo quaestionum. ] §42.8.20.prDebitorem, qui ex senatus consulto Trebelliano totam hereditatem restituit, placet non uideri in fraudem creditorum alienasse portionem, quam retinere potuisset, sed magis fideliter facere.

[CALLISTRATUS in the second book of Questions.] It is held that a debtor, who has restored the entire inheritance in accordance with the Trebellian senatusconsult, is not considered to have alienated, to the defraud of his creditors, that portion which he could have retained, but rather to have acted faithfully.

Notes

42.8.20.prplacet — Functions as an impersonal verb governing the accusative and infinitive (A.C.I.) construction with the subject accusative `Debitorem` and the infinitive `uideri`, indicating an established legal opinion or consensus ("it is held/accepted").
42.8.20.prretinere potuisset — The pluperfect subjunctive (third-person singular) in the relative clause, expressing a past, counterfactual capability or potentiality ("which he could have retained," though in fact he did not).

Cite this passage

Justinian I, The Digest of Justinian §42.8.20.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:42.8.20.pr

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