Justinian I · The Digest of Justinian §12.6.27.pr

Place of Recovery for Undue Payment Under Mistake of Place

Passage 2003 of 9271 · Latin

Summary

It explains that a person who paid what was not due under the mistaken belief of owing it in a specific place can recover it in any place, as the nature of recovery is not bound by the payer's subjective belief.

[PAULUS libro uicensimo octauo ad edictum. ] §12.6.27.prQui loco certo debere existimans indebitum soluit, quolibet loco repetet: non enim existimationem soluentis eadem species repetitionis sequitur.

[PAULUS, On the Edict, Book 28.] He who, thinking that he owed in a certain place, paid what was not due, shall recover it in any place whatsoever; for the same kind of recovery does not follow the belief of the payer.

Notes

12.6.27.prdebere — An infinitive serving as the complement to the present participle 'existimans' (thinking). The accusative subject 'se' (himself) is omitted, meaning 'thinking that he himself owed'.
12.6.27.preadem species repetitionis sequitur — The subject is 'eadem species repetitionis' (the same kind of recovery) and the object is 'existimationem' (the subjective belief of the payer that he owed in a specific place). It means that the objective nature of the action for recovery (the fact that it can be brought anywhere) is not restricted or dictated by the payer's limited mistake.

Cite this passage

Justinian I, The Digest of Justinian §12.6.27.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:12.6.27.pr

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.