Humanitext Reader

Justinian I · The Digest of Justinian §12.6.44.pr

No Recovery from Creditors Receiving Due Payments

Passage 2020 of 9271 · Latin

Summary

This section explains that recovery of payment cannot be claimed from a creditor who received what was due to him, even if the person who made the payment was not the true debtor.

[IDEM libro quarto decimo ad Plautium. ] §12.6.44.prRepetitio nulla est ab eo qui suum recepit, tametsi ab alio quam uero debitore solutum est.
[The same, in the fourteenth book on Plautius.] There is no recovery from one who has received what was due to him, even if payment was made by someone other than the true debtor.

Notes

  1. 12.6.44.prsuum — A substantive use of the neuter accusative singular of the possessive pronoun suus, meaning 'what is due to oneself' or 'one's own claim'. It refers to a payment that the creditor has a legal right to receive.
  2. 12.6.44.prab alio quam uero debitore — The comparative construction alio quam ... means 'by someone other than ...'. The noun uero debitore is in the ablative case, in apposition with (or in the same case as) alio which is governed by the preposition ab, meaning 'by someone other than the true debtor'.

Cite this passage

Justinian I, The Digest of Justinian §12.6.44.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:12.6.44.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.