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Justinian I · The Digest of Justinian §12.6.41.pr

Recovery of Payments Made by a Ward without Authority

Passage 2017 of 9271 · Latin

Summary

This chunk states that what a ward promises without the tutor's authority and subsequently pays can be recovered, as no natural obligation is created.

[NERATIUS libro sexto membranarum. ] §12.6.41.prQuod pupillus sine tutoris auctoritate stipulanti promiserit soluerit, repetitio est, quia nec natura debet.
[NERATIUS libro sexto membranarum.] What a ward, without the authority of his tutor, has promised to a stipulator and paid, can be recovered, because he does not even owe it naturally.

Notes

  1. 12.6.41.prstipanti — Dative of the present participle `stipulans`, referring to the "stipulator" (the creditor who asks for the promise) in a verbal contract (stipulatio), serving as the indirect object of `promiserit`.
  2. 12.6.41.prnec natura debet — Meaning "does not even owe naturally." This explains that a promise made by a ward without the tutor's authority (auctoritas) is not only void under civil law but also fails to create a natural obligation (obligatio naturalis), thereby allowing the recovery (condictio) of what was paid.

Cite this passage

Justinian I, The Digest of Justinian §12.6.41.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:12.6.41.pr

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