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Justinian I · The Digest of Justinian §12.6.30.pr

Payment Without Set-Off and Right to Claim One's Own Debt

Passage 2006 of 9271 · Latin

Summary

Ulpian explains that when mutual creditors and debtors make a payment in cases where set-off is not allowed, they do not have a claim for recovery of undue payment but rather a claim for their own credit.

[IDEM libro decimo disputationum. ] §12.6.30.prQui inuicem creditor idemque debitor est, in his casibus, in quibus compensatio locum non habet, si soluit, non habet condictionem ueluti indebiti soluti, sed sui crediti petitionem.
[THE SAME, Disputations, Book 10.] A person who is mutually both a creditor and a debtor, in those cases in which set-off does not take place, if he has made payment, does not have an action for recovery as if of an undue payment, but has a claim for his own credit.

Notes

  1. 12.6.30.prueluti indebiti soluti — indebiti soluti is the genitive of indebitum solutum (payment of what is not due), qualifying condictionem. Thus, condictionem ueluti indebiti soluti means "an action for recovery as if for an undue payment."
  2. 12.6.30.prsui crediti petitionem — The verb habet is understood after the conjunction sed, with petitionem acting as its direct object (accusative). sui crediti is an objective genitive meaning "a claim for one's own credit."

Cite this passage

Justinian I, The Digest of Justinian §12.6.30.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:12.6.30.pr

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