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Justinian I · The Digest of Justinian §12.6.50.pr

Payment Known to Be Undue with Intent to Reclaim

Passage 2026 of 9271 · Latin

Summary

States the principle that what is paid with the knowledge that it is not due, and with the intention of reclaiming it later, cannot be recovered.

[POMPONIUS libro quinto ad Quintum Mucium. ] §12.6.50.prQuod quis sciens indebitum dedit hac mente, ut postea repeteret, repetere non potest.
[POMPONIUS, in the fifth book on Quintus Mucius.] What anyone has given, knowing it not to be due, with the intention of reclaiming it afterwards, cannot be reclaimed.

Notes

  1. 12.6.50.prQuod — Relative pronoun (neuter singular accusative), acting as the direct object of `dedit` in the relative clause. Its antecedent (such as `id`) is omitted in the main clause and functions as the direct object of the infinitive `repetere`.
  2. 12.6.50.prsciens indebitum — `sciens` is a present participle agreeing with the subject `quis`, functioning adverbially as "knowing". `indebitum` (not due) can be understood either in apposition to the relative pronoun `Quod` or as the object of `sciens` ("knowing it not to be due").
  3. 12.6.50.prhac mente, ut postea repeteret — `hac mente` is an ablative of manner/attendant circumstance meaning "with this mind/intention", and the following `ut` clause (imperfect subjunctive) functions in apposition to define the content of that intention ("that he should afterwards reclaim it").

Cite this passage

Justinian I, The Digest of Justinian §12.6.50.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:12.6.50.pr

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