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Justinian I · The Digest of Justinian §12.6.48.pr

Recovery of Payment Made before Condition or Term

Passage 2024 of 9271 · Latin

Summary

If a person promises a performance subject to a condition or a time limit but pays before the condition is fulfilled or the time arrives, he is not deemed to have performed his obligation and can recover the payment.

[IDEM libro sexto digestorum. ] §12.6.48.prQui promisit, si aliquid a se factum sit uel cum aliquid factum sit, dare se decem, si, priusquam id factum fuerit, quod promisit dederit, non uidebitur fecisse quod promisit atque ideo repetere potest.
[THE SAME, in the sixth book of the Digests.] A person who promised that he would give ten if something were done by him or when something should be done, if, before that thing is done, he has given what he promised, will not be deemed to have performed what he promised, and therefore he can recover it.

Notes

  1. 12.6.48.prdare se decem — An accusative-with-infinitive clause functioning as the object of the verb 'promisit', meaning 'that he would give ten'. 'decem' is an indeclinable numeral functioning substantively, with the monetary unit (such as aurei) understood.
  2. 12.6.48.prfecisse quod promisit — The verb 'facere' is used here in its legal sense of 'to perform' or 'to fulfill' an obligation, rather than 'to do' in a general sense. Thus, 'fecisse quod promisit' means 'to have performed what he promised'.

Cite this passage

Justinian I, The Digest of Justinian §12.6.48.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:12.6.48.pr

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