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Justinian I · The Digest of Justinian §12.6.10.pr

Irrecoverability of Premature Payment of a Term Debt

Passage 1985 of 9271 · Latin

Summary

It explains that a debtor whose obligation is subject to a future due date cannot recover the payment if they perform before that date.

[PAULUS libro septimo ad Sabinum. ] §12.6.10.prIn diem debitor adeo debitor est, ut ante diem solutum repetere non possit.
[PAULUS, On Sabinus, book 7.] A debtor with a future due date is so much a debtor that he cannot recover what has been paid before the day.

Notes

  1. §12.6.10.prIn diem — The prepositional phrase in diem means "with a future due date" or "subject to a term". It describes a debtor whose debt is fully established but whose time for performance has not yet arrived.
  2. §12.6.10.prsolutum — Accusative neuter singular of the perfect participle of solvere (to pay), used substantively as the direct object of the infinitive repetere. It means "what has been paid" or "the performance rendered".

Cite this passage

Justinian I, The Digest of Justinian §12.6.10.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:12.6.10.pr

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