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Justinian I · The Digest of Justinian §50.17.44.pr

Liability Limits for Deceased's and Heir's Own Fraud

Passage 9104 of 9271 · Latin

Summary

Ulpian states that an action against an heir is granted up to the amount that came to him only when he is sued for the fraud of the deceased, not when sued for his own fraud.

[IDEM libro uicensimo nono ad edictum. ] §50.17.44.prTotiens in heredem damus de eo quod ad eum peruenit, quotiens ex dolo defuncti conuenitur, non quotiens ex suo.
[THE SAME, in his twenty-ninth book on the Edict.] We grant an action against an heir in respect of what has come to him only so often as he is sued on account of the fraud of the deceased, not when he is sued on account of his own.

Notes

  1. §50.17.44.prdamus — The direct object of the verb damus ("we give" or "we grant") such as actionem ("action") is omitted. This is a technical legal term meaning that the praetor grants a legal action.
  2. §50.17.44.prde eo quod ad eum peruenit — A phrase introduced by the preposition de ("concerning", "to the extent of"), referring to the property or enrichment that has come to the heir. It expresses the limitation of liability, meaning the heir is liable for the deceased's wrongful acts only to the extent of the actual benefit received from the inheritance.
  3. §50.17.44.prex suo — This corresponds to the phrase ex dolo defuncti ("on account of the fraud of the deceased") in the preceding clause, with dolo being omitted (i.e., ex suo dolo, "on account of his own fraud"). If the heir himself committed fraud, he is fully liable regardless of the enrichment, hence this is an exception to the limited liability rule.

Cite this passage

Justinian I, The Digest of Justinian §50.17.44.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.17.44.pr

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