Humanitext Reader

Justinian I · The Digest of Justinian §44.4.12.pr

Equitable Grounds of Defense and Plea of Fraud

Passage 7275 of 9271 · Latin

Summary

Presents the principle that a defendant who has an equitable ground of defense is protected by pleading the exception of fraud.

[PAPINIANUS libro tertio quaestionum. ] §44.4.12.prQui aequitate defensionis infringere actionem potest, doli exceptione tutus est.
[PAPINIANUS in the third book of Questions.] He who can defeat an action by the equity of a defense is protected by the exception of fraud.

Notes

  1. §44.4.12.praequitate defensionis — The ablative of means "aequitate" qualified by the genitive "defensionis". Here, "defensio" refers to the defendant's plea or defense in court, and "aequitas" denotes equity, meaning "by the equity of a defense" (i.e., by an equitable ground of defense).
  2. §44.4.12.prdoli exceptione — Ablative of means, meaning "by the exception of fraud (exceptio doli)." This indicates that pursuing a claim despite the existence of an equitable ground for defense (aequitas defensionis) is itself treated as a form of bad faith (dolus), and thus the defendant is comprehensively protected by the general exception of fraud.

Cite this passage

Justinian I, The Digest of Justinian §44.4.12.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:44.4.12.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.