Justinian I · The Digest of Justinian §12.6.16.pr-12.6.16.1

Recoverability of Mistaken Payments on Conditional Debts

Passage 1991 of 9271 · Latin

Summary

Pomponius discusses the recoverability of mistaken payments made for conditional debts or debts subject to an uncertain day, distinguishing between the periods before and after the condition or day is fulfilled.

[POMPONIUS libro quinto decimo ad Sabinum. ] §12.6.16.prSub condicione debitum per errorem solutum pendente quidem condicione repetitur, condicione autem exsistente repeti non potest.

[POMPONIUS, On Sabinus, Book 15.] A debt due under a condition which has been paid by mistake is recovered while the condition is still pending, but when the condition has been fulfilled, it cannot be recovered.

§12.6.16.1Quod autem sub incerta die debetur, die exsistente non repetitur.

But what is owed under an uncertain day cannot be recovered once that day has arrived.

Notes

§12.6.16.prpendente quidem condicione / condicione autem exsistente — Both are constructions of the ablative absolute, where a noun and a participle in the ablative are linked. *pendente condicione* means "while the condition is pending," and *condicione exsistente* means "when the condition has been fulfilled," expressing temporal or conditional circumstances.
§12.6.16.1sub incerta die — The preposition *sub* (governing the ablative) is combined with *die*, the ablative singular of the feminine noun *dies* (day, specified time), and the adjective *incerta*. It means "under an uncertain day/term." Although *dies* is commonly masculine, it is often treated as feminine when referring to a specific date or a legal term.

Cite this passage

Justinian I, The Digest of Justinian §12.6.16.pr-12.6.16.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:12.6.16.pr-12.6.16.1

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