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Justinian I · The Digest of Justinian §12.6.49.pr

Parties to Condictio and Exclusion of Indirect Beneficiaries

Passage 2025 of 9271 · Latin

Summary

It states that a claim for return (condictio) can only be brought against the person to whom the money was actually paid, not against those who merely benefit from the payment.

[MODESTINUS libro tertio regularum. ] §12.6.49.prHis solis pecunia condicitur, quibus quoquo modo soluta est, non quibus proficit.
[MODESTINUS, in the third book of Rules.] Money is recovered from those only to whom it has in some way or other been paid, not from those whom it benefits.

Notes

  1. 12.6.49.prHis solis pecunia condicitur — The dative "His solis" (only to these) is used to indicate the person from whom "money is recovered" (pecunia condicitur). It expresses that in Roman law, the passive legitimacy for a claim for return (condictio) is limited to the person who actually received the payment (solutio).
  2. 12.6.49.prquibus proficit — The relative pronoun quibus is in the dative case, with the antecedent His understood. The subject of the verb proficit (benefits, is of advantage) is the preceding pecunia (money) or an implied solutio (payment), meaning "those whom it (the money or payment) benefits."

Cite this passage

Justinian I, The Digest of Justinian §12.6.49.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:12.6.49.pr

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