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Justinian I · The Digest of Justinian §12.6.39.pr

Recovery of Overpayment Made to a Fideicommissary

Passage 2015 of 9271 · Latin

Summary

A rescript stating that if a person fails to require security from a fideicommissary and pays in excess of the debt, they can recover the excess as if it were not due.

[MARCIANUS libro octauo institutionum. ] §12.6.39.prSi quis, cum a fideicommissario sibi cauere poterat, non cauerit, quasi indebitum plus debito eum solutum repetere posse diui Seuerus et Antoninus rescripserunt.
[MARCIANUS libro octauo institutionum.] The deified Severus and Antoninus wrote in a rescript that if anyone, when he could have required security for himself from a fideicommissary, failed to do so, he can recover what was paid in excess of the debt as if it were not due.

Notes

  1. 12.6.39.preum — The subject accusative of the infinitive clause repetere posse (A.c.I.), referring back to Si quis in the conditional clause. The participle solutum (neuter accusative) modifies plus (neuter accusative noun) and forms the direct object of repetere.
  2. 12.6.39.prcum ... poterat — The conjunction cum is used with the indicative imperfect (poterat) to present a past possibility as a fact, conveying an adversative sense ('although he was able to' or 'when he could have').

Cite this passage

Justinian I, The Digest of Justinian §12.6.39.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:12.6.39.pr

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