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Justinian I · The Digest of Justinian §42.8.5.pr

Abandonment of Property to Defraud Creditors

Passage 7006 of 9271 · Latin

Summary

Explains that a debtor is also regarded as acting to defraud if he abandons his own property so that someone else may acquire it.

[GAIUS libro uicensimo sexto ad edictum prouinciale. ] §42.8.5.prsed et si rem suam pro derelicto habuerit, ut quis eam suam faciat.
[GAIUS, On the Provincial Edict, Book 26] But also if he has treated his property as abandoned, so that someone may make it his own (he is likewise regarded as acting to defraud).

Notes

  1. 42.8.5.prsed et si — A conditional clause connecting to the main clause of the preceding fragment (42.8.4.pr), namely "is regarded as acting to defraud (In fraudem facere uideri...)". Contextually, it is understood as an addition of another act regarded as defrauding.
  2. 42.8.5.prpro derelicto habuerit — An idiomatic expression meaning "to treat as abandoned (derelictum)", signifying the legal abandonment of ownership. It is in the future perfect tense.
  3. 42.8.5.prut quis eam suam faciat — An ut clause with the present subjunctive faciat, expressing the purpose of the abandonment (i.e., so that someone may make it their own, such as by occupation).

Cite this passage

Justinian I, The Digest of Justinian §42.8.5.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:42.8.5.pr

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