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Justinian I · The Digest of Justinian §12.4.1.pr-12.4.1.1

Bar to Recovery upon Fulfilled Cause and Conditional Giving

Passage 1951 of 9271 · Latin

Summary

This text explains that recovery of a performance is barred once its lawful purpose has been achieved, but if a payment is made to fulfill a condition and the underlying legacy or inheritance is subsequently rejected, a claim for recovery is available.

[ULPIANUS libro uicensimo sexto ad edictum. ] §12.4.1.prSi ob rem non inhonestam data sit pecunia, ut filius emanciparetur uel seruus manumitteretur uel a lite discedatur, causa secuta repetitio cessat.
[ULPIAN, Twenty-Sixth Book on the Edict.] If money has been given for a purpose that is not dishonorable, such as that a son should be emancipated, or a slave manumitted, or a lawsuit withdrawn, once the purpose has been achieved, the recovery of the money is barred.
§12.4.1.1Si parendi condicioni causa tibi dedero decem, mox repudiauero hereditatem uel legatum, possum condicere.
If I have given you ten for the purpose of complying with a condition, and I subsequently reject the inheritance or legacy, I can bring an action for recovery.

Notes

  1. §12.4.1.prcausa secuta — An ablative absolute meaning 'the purpose [of the performance] having been realized'. It stands in contrast to 'causa non secuta' (the purpose not being achieved).
  2. §12.4.1.pra lite discedatur — An impersonal passive, literally meaning 'it is departed from the lawsuit', referring to the withdrawal of a lawsuit or its settlement by the parties.
  3. §12.4.1.1parendi condicioni causa — The postpositive ablative `causa` expressing purpose governs the genitive gerund `parendi`, which in turn takes the dative complement `condicioni`. It means 'for the purpose of complying with a condition'.

Cite this passage

Justinian I, The Digest of Justinian §12.4.1.pr-12.4.1.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:12.4.1.pr-12.4.1.1

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