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Justinian I · The Digest of Justinian §12.6.43.pr

Recovery of Payment Made after Swearing No Obligation

Passage 2019 of 9271 · Latin

Summary

It states that if someone has sworn that they are not obligated to pay and subsequently makes a payment, that money can be recovered.

[PAULUS libro tertio ad Plautium. ] §12.6.43.prSi quis iurasset se dare non oportere, ab omni contentione discedetur atque ita solutam pecuniam repeti posse dicendum est.
[PAULUS libro tertio ad Plautium.] If anyone has sworn that he is not obligated to pay, there shall be a withdrawal from all litigation, and accordingly it must be said that money paid under these circumstances can be recovered.

Notes

  1. 12.6.43.priurasset — A syncopated form of iuravisset. The pluperfect subjunctive in the si-clause denotes a hypothetical action completed prior to the situation described in the main clause.
  2. 12.6.43.prdiscedetur — The third-person singular future passive of the intransitive verb discedere, used impersonally. It means 'there shall be a withdrawal' or 'dispute shall be desisted from', indicating the termination of litigation.
  3. 12.6.43.prsolutam pecuniam repeti posse — An accusative-with-infinitive construction serving as the subject of the passive periphrastic dicendum est ('it must be said'). The perfect passive participle solutam modifies pecuniam, referring to the money that has been paid after the oath.

Cite this passage

Justinian I, The Digest of Justinian §12.6.43.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:12.6.43.pr

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