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Justinian I · The Digest of Justinian §50.17.127.pr

Liability of Heirs for Fleeting Gains from Fraud

Passage 9187 of 9271 · Latin

Summary

Paulus explains that when an action is granted against an heir to the extent of their enrichment, it is sufficient for the liability to be established if the profit from the deceased's fraud reached the heir even for a single moment.

[PAULUS libro uicesimo ad edictum. ] §50.17.127.prCum praetor in heredem dat actionem, quatenus ad eum peruenit, sufficit, si uel momento ad eum peruenit ex dolo defuncti.
[PAULUS, in the twentieth book on the edict.] When the praetor grants an action against an heir to the extent that it has come to him, it is sufficient if, even for a moment, it has come to him from the fraud of the deceased.

Notes

  1. §50.17.127.prquatenus ad eum peruenit — An expression limiting the heir's liability. It indicates the legal principle that the heir is only liable 'to the extent that' the enrichment resulting from the deceased's fraud or misconduct has come into their possession.
  2. §50.17.127.pruel momento — momento is an ablative of time indicating a moment (momento temporis). Accompanied by the intensive uel ('even'), it means that if the inherited property or profit entered the heir's possession even once, it is sufficient to satisfy the condition for liability, regardless of how brief the duration.

Cite this passage

Justinian I, The Digest of Justinian §50.17.127.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.17.127.pr

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