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Justinian I · The Digest of Justinian §50.17.152.pr-50.17.152.3

Liability for Acts of Force, Ratification, and Heir's Duty

Passage 9212 of 9271 · Latin

Summary

Ulpian discusses the criminal classification of acts of force, the liability of one who orders dispossession, the equivalence of ratification to a mandate in delicts, and the full liability of an heir in specific contracts.

[ULPIANUS libro sexagensimo nono ad edictum. ] §50.17.152.proc iure utimur, ut quidquid omnino per uim fiat, aut in uis publicae aut in uis priuatae crimen incidat.
[ULPIANUS, in the sixty-ninth book on the edict.] We observe this rule of law, that whatever is done by force at all falls under the crime of either public violence or private violence.
§50.17.152.1Deicit et qui mandat.
He who commands also dispossesses.
§50.17.152.2In maleficio ratihabitio mandato comparatur.
In a delict, ratification is equated to a mandate.
§50.17.152.3In contractibus, quibus doli praestatio uel bona fides inest, heres in solidum tenetur.
In contracts in which liability for fraud or good faith is inherent, the heir is liable for the whole.

Notes

  1. §50.17.152.proc iure — The form `oc` is a scribal error showing the loss of the initial H, and must be read as `hoc`. The clause `ut... incidat` functions as an appositional clause explaining the specific content of the demonstrative `hoc`.
  2. §50.17.152.1Deicit — A verb meaning "to dispossess" or "to eject (from possession)," where the object is contextually omitted. The maxim states that the person who orders the ejection (qui mandat) is treated as the author of the dispossession just like the direct perpetrator.
  3. §50.17.152.2ratihabitio mandato comparatur — Meaning "ratification is equated to a mandate." In the context of a delict (maleficium), this rule establishes that a person who subsequently approves another's wrongful act is held liable in the same manner as if they had commanded it beforehand.
  4. §50.17.152.3in solidum — An adverbial phrase meaning "for the whole" or "jointly and severally." While heirs normally succeed to debts pro rata according to their shares, in contracts involving liability for fraud (dolus) or good faith (bona fides), the heir is held liable for the entire debt.

Cite this passage

Justinian I, The Digest of Justinian §50.17.152.pr-50.17.152.3. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.17.152.pr-50.17.152.3

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