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Justinian I · The Digest of Justinian §42.8.3.pr-42.8.3.2

Acts and Omissions Constituting Fraud on Creditors

Passage 7004 of 9271 · Latin

Summary

The text explains that the edict for the prevention of fraud applies to various active or passive behaviors of a debtor intended to defraud creditors, such as granting defenses, assuming new debts, or deliberately allowing rights to lapse through non-appearance or failure to claim.

[IDEM libro sexagesimo sexto ad edictum. ] §42.8.3.pruel ei praebuit exceptionem siue se obligauit fraudandorum creditorum causa siue numerauit pecuniam uel quodcumque aliud fecit in fraudem creditorum, palam est edictum locum habere.
[THE SAME, On the Edict, Book 66] or if he has provided him with a defense, or has bound himself for the purpose of defrauding creditors, or has paid money, or has done anything else to the fraud of creditors, it is clear that the edict has application.
§42.8.3.1Gesta fraudationis causa accipere debemus non solum ea, quae contrahens gesserit aliquis, uerum etiam si forte data opera ad iudicium non adfuit uel litem mori patiatur uel a debitore non petit, ut tempore liberetur, aut usum fructum uel seruitutem amittit.
We must understand "acts done for the purpose of fraud" to include not only those which someone has done in contracting, but also if he has perhaps deliberately failed to appear in court, or allows a lawsuit to perish, or does not demand from a debtor so that the debtor is released by lapse of time, or loses a usufruct or a servitude.
§42.8.3.2Et qui aliquid fecit, ut desinat habere quod habet, ad hoc edictum pertinet.
And he who has done something so that he ceases to have what he has, falls under this edict.

Notes

  1. 42.8.3.pruel — The initial uel connects back to the conditional clause si... in the preceding fragment (§42.8.2.pr), presenting further alternatives that lead to the main conclusion palam est edictum locum habere.
  2. 42.8.3.1non solum ea... uerum etiam si — There is an asymmetrical construction where the pronoun ea (acting as the antecedent to the relative clause modifying gesta, the object of accipere) is paired after uerum etiam with a conditional clause introduced by si. This syntax serves to encompass not only active transactions but also omissions (such as a failure to act) under the concept of "acts" (gesta).
  3. 42.8.3.1tempore liberetur — tempore is an ablative of means or cause, meaning "by lapse of time" or "by prescription." The subject of liberetur (subjunctive passive) is the preceding debitor (the debtor).

Cite this passage

Justinian I, The Digest of Justinian §42.8.3.pr-42.8.3.2. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:42.8.3.pr-42.8.3.2

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