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Justinian I · The Digest of Justinian §44.7.12.pr

Liability of Heirs for the Deceased's Fraud

Passage 7297 of 9271 · Latin

Summary

It stipulates that the heir is liable in full for the deceased's fraud in matters of deposit, loan for use, commission, guardianship, and management of affairs.

[POMPONIUS libro uicensimo nono ad Sabinum. ] §44.7.12.prEx depositi et commodati et mandati et tutelae et negotiorum gestorum ob dolum malum defuncti heres in solidum tenetur.
[POMPONIUS, from the twenty-ninth book on Sabinus.] Under the actions on deposit, loan for use, commission, guardianship, and management of affairs, the heir is liable in full for the fraud of the deceased.

Notes

  1. §44.7.12.prEx depositi — The preposition ex (from) is followed by genitive nouns like depositi (of deposit) and commodati (of loan), where an ablative noun such as actione (action) or causa (cause) is omitted. This is a common elliptical expression in juristic Latin.
  2. §44.7.12.prin solidum — A juristic idiom meaning "for the whole" or "in full". In this context, it indicates that the heir is liable for the full amount of damage caused by the deceased's fraud, rather than being liable only in part or up to the limit of their inheritance.

Cite this passage

Justinian I, The Digest of Justinian §44.7.12.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:44.7.12.pr

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