Justinian I · The Digest of Justinian §42.8.4.pr

Fraud on Creditors through Non-Use of a Servitude

Passage 7005 of 9271 · Latin

Summary

Paulus explains that even an omission—failing to do what one ought to do—is understood as acting to defraud, providing the non-use of servitudes as an example.

[PAULUS libro sexagensimo octauo ad edictum. ] §42.8.4.prIn fraudem facere uideri etiam eum, qui non facit quod debet facere, intellegendum est, id est si non utatur seruitutibus:

[PAULUS, On the Edict, Book 68] It must be understood that even he who does not do what he ought to do is regarded as acting to defraud; that is, if he does not use servitudes.

Notes

42.8.4.prIn fraudem facere uideri etiam eum... intellegendum est — The subject of the impersonal phrase intellegendum est ("it must be understood") is the accusative and infinitive clause with eum as the subject accusative and uideri ("to seem/be regarded") as the infinitive. Furthermore, in fraudem facere ("to act to defraud") depends on uideri as its complementary infinitive. Thus, the structure is nested: "It must be understood that even he (eum)... is regarded (uideri) as acting to defraud (in fraudem facere)."
42.8.4.prseruitutibus — Ablative case governed by the deponent verb utor (utatur, "to use/exercise").

Cite this passage

Justinian I, The Digest of Justinian §42.8.4.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:42.8.4.pr

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