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Justinian I · The Digest of Justinian §12.5.7.pr

Recovery of Money Paid Under a Stipulation Extorted by Force

Passage 1973 of 9271 · Latin

Summary

It states that if money is exacted under a stipulation extorted by force, a claim for its recovery is clearly available.

[POMPONIUS libro uicensimo secundo ad Sabinum. ] §12.5.7.prEx ea stipulatione, quae per uim extorta esset, si exacta esset pecunia, repetitionem esse constat.
[POMPONIUS, Twenty-Second Book on Sabinus.] It is well established that if money has been exacted on the basis of a stipulation which was extorted by force, there is a right to recover it.

Notes

  1. §12.5.7.prrepetitionem esse constat — The accusative with infinitive clause "repetitionem esse" (that there is a right of recovery) functions as the subject of the impersonal verb "constat" (it is well established). "Ex ea stipulatione" (on the basis of that stipulation) modifies this recovery, pointing to the source of the performance that is to be recovered.
  2. §12.5.7.prextorta esset ... exacta esset — Both the relative clause ("quae...") and the conditional clause ("si...") use the subjunctive pluperfect ("extorta esset", "exacta esset"). This is because they present a hypothetical legal scenario rather than a specific historical fact, or because they are subordinated within the statement introduced by the impersonal "constat".

Cite this passage

Justinian I, The Digest of Justinian §12.5.7.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:12.5.7.pr

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