Justinian I · The Digest of Justinian §12.6.51.pr

Irrecoverability of Payment Where Right of Retention Exists

Passage 2027 of 9271 · Latin

Summary

It states that if a payment is made under a cause where there is a right of retention but no right of action (such as a natural obligation), it cannot be reclaimed.

[IDEM libro sexto ad Quintum Mucium. ] §12.6.51.prEx quibus causis retentionem quidem habemus, petitionem autem non habemus, ea si soluerimus, repetere non possumus.

[THE SAME, in the sixth book on Quintus Mucius.] If we have paid those things under such causes as to which we indeed have the right of retention, but do not have the right of action, we cannot reclaim them.

Notes

12.6.51.prEx quibus causis retentionem quidem habemus, petitionem autem non habemus, ea — The relative clause is preposed to restrict the demonstrative pronoun `ea` (neuter plural accusative, 'those things') in the main/conditional clause. `ea` practically refers to the performance made based on the relation specified in the relative clause and serves as the direct object of the verb `soluerimus`.
12.6.51.prretentionem quidem habemus, petitionem autem non habemus — A contrast between the right to retain the performance (`retentio`) and the right to claim it through an action (`petitio`). This refers to legal relations (such as natural obligations) where no action is granted but voluntary payment can be lawfully retained by the creditor.

Cite this passage

Justinian I, The Digest of Justinian §12.6.51.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:12.6.51.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.