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The Digest of Justinian

§4.6.27.pr

Restitution for Lost Gains as Well as Lost Property

Paulus states that restitution should be granted not only for the actual loss of property but also for the failure to make a gain, even if there is no direct depletion of one's existing estate.

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[PAULUS libro duodecimo ad edictum.]

[PAULUS in the twelfth book on the Edict.]

§4.6.27.pr

​Et siue quid amiserit uel lucratus non sit,1 restitutio facienda est, etiam si non ex bonis2 quid amissum sit.

​And whether one has lost something or has not made a gain, restitution must be made, even if nothing has been lost from one’s estate.

Syntax notes2 items
  1. 4.6.27.prlucratus non sit

    Perfect subjunctive of the deponent verb lucror (to make a gain), with active meaning. It is contrasted with the preceding amiserit (lost), referring to the failure to make an expected gain (lucrum cessans) rather than an active loss of existing property.

  2. 4.6.27.prex bonis

    Ablative of the noun bona (property, estate) governed by the preposition ex. It refers to a direct depletion or deduction from one's existing active assets.

Translated by Gemini 3.5 Flash (published 2026-07-12)urn:cts:latinLit:phi2806.phi002.humanitext-lat1:4.6.27.pr