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Justinian I · The Digest of Justinian §12.1.12.pr

Acquisition of a Condictio by an Insane Person

Passage 1867 of 9271 · Latin

Summary

This section explains the requirements and legal principles by which an insane person acquires a personal action for recovery (condictio) in transaction-like situations, such as when money is received from them while believed to be of sound mind, or when a lender subsequently becomes insane.

[POMPONIUS libro sexto ex Plautio. ] §12.1.12.prSi a furioso, cum eum compotem mentis esse putares, pecuniam quasi mutuam acceperis eaque in rem tuam uersa fuerit, condictionem furioso adquiri Iulianus ait: nam ex quibus causis ignorantibus nobis actiones adquiruntur, ex isdem etiam furioso adquiri.
[POMPONIUS, On Plautius, Book 6] If you receive money from an insane person as if it were a loan, while you believe him to be of sound mind, and it is turned to your profit, Julian says that a personal action for recovery is acquired for the insane person; for, from the same causes by which actions are acquired for us without our knowledge, they are also acquired for an insane person.
item si is qui seruo crediderat furere coeperit, deinde seruus in rem domini id uerterit, condici furiosi nomine posse.
Likewise, if one who had loaned money to a slave begins to be insane, and then the slave turns it to the profit of his master, a recovery can be sought in the name of the insane person.
et si alienam pecuniam credendi causa quis dederit, deinde furere coeperit et consumpta sit ea pecunia, condictionem furioso adquiri.
And if someone gives another's money for the purpose of loaning it, and then begins to be insane, and that money is consumed, a personal action for recovery is acquired for the insane person.

Notes

  1. §12.1.12.prcompotem mentis — The adjective 'compos' (having mastery over) governs the genitive 'mentis' of the noun 'mens' (mind). It means 'of sound mind' or 'mentally competent'.
  2. §12.1.12.prquasi mutuam — An insane person (furiosus) lacks the capacity to give valid consent, so a strict contract of loan (mutuum) cannot be established. However, because the recipient's enrichment triggers an obligation to return, it is described as 'as if it were a loan' (quasi mutuam).
  3. §12.1.12.prignorantibus nobis — An ablative absolute with the present participle 'ignorantibus' and the pronoun 'nobis' ('without our knowledge' or 'unbeknownst to us'). It points to situations where actions are acquired by operation of law without the subjective awareness of the party, such as in cases of confusion of property or unjust enrichment.
  4. §12.1.12.prcondici furiosi nomine posse — The word 'condici' is the passive infinitive of the transitive verb 'condicere' (to demand back/seek recovery), used impersonally. The structure means 'a recovery can be sought in the name of the insane person', where the implied subject is the loaned object (id).

Cite this passage

Justinian I, The Digest of Justinian §12.1.12.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:12.1.12.pr

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