8. RESTORATION OF WHAT IS DONE IN FRAUD OF CREDITORS
In lieu of an abstract, here is a brief excerpt of the content:

BOOK FORTY-TWOIFRAUD O F CREDITORS 73 persons so appointed will be held ratified; and actiones utiles will issue both to and against them, and if the curators detail someone to sue or defend proceedings, that is lawful; nor will he be required to give security for the honoring and satisfaction of the judgment in the name of the person whose estate is being sold but in the name of the curator who sent him. 2. Now where several curators be appointed, Celsus says that they sue and are sued for the full amount and not by shares. But if curators should be appointed for regions, say, one for property in Italy and another for what is in a province , I think that each must stick to his own region. 3. It is asked whether a man can be appointed curator against his will; Cassius writes that no one can be obliged to become curator of an estate against his will and that is the more correct view. And so a willing person must be sought unless, through pressing necessity or the emperor's direction , matters so proceed that even an unwilling one be appointed. 4. It does not always have to be a creditor who is appointed curator; there can also be a noncreditor curator. 5. Suppose that three curators are appointed, one of whom does nothing; will an action be given against that one? Cassius thinks that a plaintiff is not to be limited in his choice of defendant, and I hold Cassius's view to be correct. After all, we have to consider what has been recovered, not what comes to an individual curator and so we proceed, unless he was appointed against his will; in such a case, it must be said that proceedings will not lie against him. 3 CELSUS,Digest, book a:If several be appointed curators of the same estate, the plaintiff will be granted an action for the full amount against whichever of them he chooses to sue just as each of them can bring an action for the full amount. 4 PAPIRIUS JUSTUS,Imperial Rulings, book 1: The Emperors Antoninus and Verus, Augusti, held in a rescript that where an estate is sold by curators under a senatus consulturn, no action lies to a deceiver on previous dealings. 5 JULIAN,Digest, book 47: Suppose that the debtor quits the marketplace [that is, goes bankrupt] and the creditors, taking counsel among themselves, choose one of their number to effect the sale and to give each his share of the proceeds of sale and then someone else appears, claiming to be a creditor; such a person will not indeed have an action against the curator, but he may join in together with the curator in the sale of the debtor's estate on the footing that what is received by the curator and the creditor separately will be shared by all according to their claims against the debtor. RESTORATION OF WHAT IS DONE IN FRAUD OF CREDITORS 1 ULPIAN,Edict, book 66: The praetor says: "In respect of transactions for the purpose of fraud, entered into with one privy to the fraud, I will give an action, within a year from the time that proceedings may first be taken, to the curator of the estate or the person to whom an action should be granted in the matter. I will grant it also against the person who effects the fraud." 1. The praetor had to pronounce this edict in which he looks to the interests of creditors by reclaiming anything that has been alienated in fraud of them. 2. The praetor says: "transactions for the purpose of fraud." These words are general and cover anything done to defraud, be it an alienation or any transaction whatever. And so anything done for fraudulent purposes, BOOK FORTY-TWO/FRAUD OF CREDITORS 73 persons so appointed will be held ratified; and actiones utiles will issue both to and against them, and if the curators detail someone to sue or defend proceedings, that is lawful; nor will he be required to give security for the honoring and satisfaction of the judgment in the name of the person whose estate is being sold but in the name of the curator who sent him. 2. Now where several curators be appointed, Celsus says that they sue and are sued for the full amount and not by shares. But if curators should be appointed for regions, say, one for property...