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Justinian I · The Digest of Justinian §12.6.29.pr

Recovery and Actions for Payment by Incapacitated Persons

Passage 2005 of 9271 · Latin

Summary

Ulpian explains that payments made by certain legally incapacitated persons generally allow for recovery, which is pursued through a property claim if the coins exist, or through a personal action if they have been consumed.

[ULPIANUS libro secundo disputationum. ] §12.6.29.prInterdum persona locum facit repetitioni, ut puta si pupillus sine tutoris auctoritate uel furiosus uel is cui bonis interdictum est soluerit: nam in his personis generaliter repetitioni locum esse non ambigitur.
[ULPIANUS, Disputations, Book 2.] Sometimes the person gives rise to a recovery, as for instance if a ward without the authority of his tutor, or a madman, or one who has been interdicted from his property, has made payment; for as regards these persons, there is no doubt that generally there is room for recovery.
et si quidem exstant nummi, uindicabuntur, consumptis uero condictio locum habebit.
And indeed, if the coins are still in existence, they will be vindicated; but if they have been consumed, a personal action for recovery will take place.

Notes

  1. 12.6.29.prcui bonis interdictum est — Impersonal passive construction. The verb `interdicere` (to forbid/interdict) takes a dative of the person and an ablative of the thing in the active voice. In the passive voice, it is used impersonally, meaning that the relative pronoun `cui` (dative) and `bonis` (ablative) retain their respective cases, resulting in the meaning "one who has been interdicted from his property."
  2. 12.6.29.prconsumptis — Ablative absolute with ellipsis. The noun `nummi` (coins) from the preceding clause is omitted, meaning `nummis consumptis` (if the coins have been consumed). The ellipsis is readily supplied by the contrast with the preceding phrase `si quidem exstant nummi` (if indeed the coins are in existence).

Cite this passage

Justinian I, The Digest of Justinian §12.6.29.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:12.6.29.pr

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