[ULPIANUS libro sexagensimo octauo ad edictum. ] §12.6.42.prPoenae non solent repeti, cum depensae sunt.
[ULPIANUS libro sexagensimo octauo ad edictum.] Penalties are not customarily recovered when they have been paid.
Justinian I · The Digest of Justinian §12.6.42.pr
Inadmissibility of Recovering Paid Penalties
Summary
This section states the general rule that penalties cannot be recovered once they have been paid.
Notes
- 12.6.42.prpoenae — Refers to "penalties" or "fines." In Roman law, this can encompass civil/private penalties (such as contract penalties) or public fines. Here they are presented as being excluded from recovery under the condictio (unjust enrichment).
- 12.6.42.prdepensae sunt — The third-person plural perfect indicative passive of the verb dependere (to pay, weigh out), agreeing with the feminine plural subject poenae. It denotes that the payment of the penalty has been "actually discharged."
Cite this passage
Justinian I, The Digest of Justinian §12.6.42.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:12.6.42.pr
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