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Justinian I · The Digest of Justinian §12.6.35.pr

Payment Due to Failure to Defend and Bar to Recovery

Passage 2011 of 9271 · Latin

Summary

This provision rules that a person who has made a payment because a lawsuit was undefended cannot recover what they paid, even if they are later prepared to defend the suit.

[IDEM libro quadragensimo quinto digestorum. ] §12.6.35.prQui ob rem non defensam soluit, quamuis postea defendere paratus est, non repetet quod soluerit.
[THE SAME, Book 45.] A person who has paid because a suit was not defended, although he is afterwards ready to defend it, shall not recover what he has paid.

Notes

  1. 12.6.35.prob rem non defensam — The perfect passive participle defensam modifies the noun rem dominantly (akin to the ab urbe condita construction), meaning 'because a suit was not defended' or 'on account of the failure to defend the case.'
  2. 12.6.35.prquod soluerit — soluerit is a perfect subjunctive (or future perfect indicative) indicating an action prior to the future-tense main verb repetet, meaning 'what he has paid.'

Cite this passage

Justinian I, The Digest of Justinian §12.6.35.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:12.6.35.pr

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