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Justinian I · The Digest of Justinian §46.3.25.pr

Payment of Debt in Full by Co-heir and the Defense of Fraud

Passage 7680 of 9271 · Latin

Summary

Pomponius discusses how, if a co-heir pays a deceased's debt in full and the remaining share of the inheritance accrues to him before he sues for return, his claim is barred by the defense of fraud.

[POMPONIUS libro trigensimo primo ad Sabinum. ] §46.3.25.prEx parte heres institutus si decem, quae defunctus promiserat, tota soluit, pro parte quidem qua heres est liberabitur, pro parte autem reliqua ea condicet.
[POMPONIUS in the thirty-first book on Sabinus.] If a person appointed heir to a part has paid in full the ten which the deceased had promised, he will indeed be released for the part in respect of which he is heir, but for the remaining part, he will bring an action for its return.
sed si antequam condicat, ei adcreuerit reliqua pars hereditatis, etiam pro ea parte erit obligatus et ideo condicenti indebitum doli mali exceptionem obstare existimo.
But if, before he brings the action, the remaining part of the inheritance accrues to him, he will be liable also for that part, and therefore I think that the defense of fraud stands in his way when he sues for it as not being due.

Notes

  1. §46.3.25.prtota — The neuter plural accusative of the adjective totus, modifying the indeclinable numeral decem (treated here as neuter plural), meaning he paid the 'entire ten'. It is not a feminine singular nominative agreeing with the subject heres.
  2. §46.3.25.prea — A neuter plural accusative demonstrative pronoun, serving as the direct object of the verb condicet. It refers to the excess portion of the 'ten' paid beyond his own hereditary share.
  3. §46.3.25.prcondicenti indebitum — condicenti is the dative present participle of condicere (to claim return), used substantively as the dative object of obstare. indebitum (what is not due) is the accusative object of the participle condicenti.

Cite this passage

Justinian I, The Digest of Justinian §46.3.25.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:46.3.25.pr

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