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Justinian I · The Digest of Justinian §44.1.4.pr

Plea of Fraud Against a Ward Receiving Unauthorized Payment

Passage 7193 of 9271 · Latin

Summary

When a ward who received payment without the tutor's authority sues again, the relevant time for deciding whether the claim should be barred by the exception of fraud is when the action is brought, examining whether they still hold the money or any benefit from it.

[PAULUS libro uicensimo ad edictum. ] §44.1.4.prIn pupillo, cui soluta est debita pecunia sine tutoris auctoritate, si quaeratur, an doli exceptione summoueri debeat, illud tempus inspicitur, an pecuniam uel ex ea aliquid habeat, quo petit.
[PAULUS in the twentieth book on the Edict.] In the case of a ward to whom owed money has been paid without the authority of his tutor, if it is asked whether he ought to be barred by the exception of fraud, that time is looked to, at which he sues, whether he has the money or some part of it.

Notes

  1. §44.1.4.prquo petit — The ablative of the relative pronoun (or relative adverb) modifying the antecedent 'illud tempus'. The verb 'petere' is used here in its legal sense meaning 'to claim' or 'to bring an action'. Thus, it means 'at the time when he sues'.
  2. §44.1.4.pran pecuniam ... habeat — An indirect question clause introduced by 'inspicitur' (is regarded/looked to), explaining the specific substance of 'illud tempus' (that time), namely 'whether he has the money or anything from it.'

Cite this passage

Justinian I, The Digest of Justinian §44.1.4.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:44.1.4.pr

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