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Justinian I · The Digest of Justinian §12.6.5.pr

Restitution of a Minor and Recovery of Legacies by the Owner

Passage 1980 of 9271 · Latin

Summary

Ulpian explains that it is not new for one person to seek recovery of what another paid, citing a rescript regarding a minor who, after paying legacies and receiving restitution, has no right of recovery himself; rather, the right belongs to the person to whom the property now goes.

[ULPIANUS libro sexto decimo ad Sabinum. ] §12.6.5.prNec nouum, ut quod alius soluerit alius repetat.
[ULPIANUS, On Sabinus, book 16.] Nor is it anything new that what one person has paid, another should claim back.
nam et cum minor uiginti quinque annis inconsulte adita hereditate solutis legatis in integrum restituitur, non ipsi repetitionem competere, sed ei, ad quem bona pertinent, Arrio Titiano rescriptum est.
For indeed, when a person under twenty-five years of age, having thoughtlessly accepted an inheritance and paid the legacies, is restored to his original position, it was replied in a rescript to Arrius Titianus that the right of recovery belongs not to the minor himself, but to the person to whom the property belongs.

Notes

  1. §12.6.5.prNec nouum, ut — The ut clause functions as a noun clause serving as the subject of the impersonal expression Nec nouum (est), meaning "It is not new that...".
  2. §12.6.5.princonsulte adita hereditate solutis legatis — Two ablative absolute phrases (inconsulte adita hereditate and solutis legatis) are placed in parallel, representing a chronological sequence of events (first, accepting the inheritance thoughtlessly, and second, paying the legacies) that occurred prior to the minor's restitution.
  3. §12.6.5.prnon ipsi repetitionem competere — An accusative-with-infinitive construction (indirect speech) dependent on Arrio Titiano rescriptum est. The dative pronoun ipsi refers back to the minor, and the accusative repetitionem acts as the subject of the infinitive competere.

Cite this passage

Justinian I, The Digest of Justinian §12.6.5.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:12.6.5.pr

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