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Justinian I · The Digest of Justinian §12.5.9.pr-12.5.9.1

Recovery of Money Paid to Regain What Was Already Owed

Passage 1975 of 9271 · Latin

Summary

The author discusses the availability of actions when a lender pays money to recover lent clothing, when a debtor demands additional money to return a leased, sold, or entrusted object, and when money is paid to secure the performance of an existing obligation.

[IDEM libro quinto ad Plautium. ] §12.5.9.prSi uestimenta utenda tibi commodauero, deinde pretium, ut reciperem, dedissem, condictione me recte acturum responsum est: quamuis enim propter rem datum sit et causa secuta sit, tamen turpiter datum est.
[THE SAME, Fifth Book on Plautius.] If I have lent you garments to use, and then, in order to get them back, I have paid a price, it was answered that I can rightly bring an action by condictio; for although the payment was made for a purpose and the purpose has been realized, yet the payment was made wrongfully.
§12.5.9.1Si rem locatam tibi uel uenditam a te uel mandatam ut redderes, pecuniam acceperis, habebo tecum ex locato uel uendito uel mandati actionem: quod si, ut id, quod ex testamento uel ex stipulatu debebas, redderes mihi, pecuniam tibi dederim, condictio dumtaxat pecuniae datae eo nomine erit.
If you have accepted money in order to return a thing leased to you, or sold by you, or entrusted to you to return, I shall have against you an action on the lease, or on the sale, or on the mandate; but if I have given you money so that you would return to me that which you owed under a will or a stipulation, there will only be a condictio for the money paid under that head.
idque et Pomponius scribit.
And Pomponius also writes this.

Notes

  1. §12.5.9.prutenda — Gerundive modifying `uestimenta`, expressing purpose or destiny ("clothing to be used"), indicating that the garments were lent specifically for the borrower's use.
  2. §12.5.9.prcondictione me recte acturum responsum est — The accusative with infinitive clause `me recte acturum [esse]` functions as the subject (or subject clause) of the impersonal verb `responsum est` ("it was answered"). The active future participle `acturum` agrees with `me` and represents an action future relative to the main verb's past tense.
  3. §12.5.9.prcausa secuta sit — Here `causa` refers not to a legal title or contract, but to the purpose or effect intended by the delivery. `causa secuta est` means that this purpose was achieved (i.e., the garments were returned). The subjunctive mood is triggered by `quamuis`.
  4. §12.5.9.1rem locatam tibi uel uenditam a te uel mandatam — These are all participial modifiers of the preceding noun `rem`. `uenditam a te` refers to a thing "sold by you," which you (the seller) are obligated to deliver to the buyer. `mandatam` means "entrusted" or commissioned to be returned.
  5. §12.5.9.1ut redderes — Subjunctive imperfect. It acts as a purpose clause depending on `pecuniam acceperis` ("if you have accepted money in order to return..."), or is closely tied to the descriptions of the obligational duties to return the items already leased, sold, or mandated.

Cite this passage

Justinian I, The Digest of Justinian §12.5.9.pr-12.5.9.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:12.5.9.pr-12.5.9.1

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.