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Justinian I · The Digest of Justinian §12.6.52.pr

Transfers for Past Causes Versus Future Purposes

Passage 2028 of 9271 · Latin

Summary

This section discusses the difference between transfers made on account of a past cause and those made for a future purpose, explaining that the former cannot be recovered even if the cause is false, whereas the latter can be recovered if the purpose is not realized.

[IDEM libro uicensimo septimo ad Quintum Mucium. ] §12.6.52.prDamus aut ob causam aut ob rem: ob causam praeteritam, ueluti cum ideo do, quod aliquid a te consecutus sum uel quia aliquid a te factum est, ut, etiamsi falsa causa sit, repetitio eius pecuniae non sit: ob rem uero datur, ut aliquid sequatur, quo non sequente repetitio competit.
[THE SAME, in the twenty-seventh book on Quintus Mucius.] We give either on account of a cause or on account of a purpose: on account of a past cause, as for instance when I give for the reason that I have obtained something from you or because something has been done by you, so that, even if the cause be false, there is no recovery of that money; but a gift is made on account of a purpose so that something may follow, and if this does not follow, an action for recovery lies.

Notes

  1. 12.6.52.prob causam aut ob rem — Contrast between "on account of a cause" (ob causam) and "on account of a purpose" (ob rem). Here, a distinction is made between a transfer made on the basis of a past fact or pre-existing obligation (ob causam) and a transfer made for the purpose of achieving a future counter-performance or a certain result (ob rem).
  2. 12.6.52.prut, etiamsi falsa causa sit, repetitio eius pecuniae non sit — The ut clause expresses result ("so that..."). It indicates that a transfer made on account of a past cause remains valid even if the underlying cause turns out to be false, and as a rule, does not give rise to an action for recovery (repetitio).
  3. 12.6.52.prquo non sequente — An ablative absolute construction with quo (neuter singular ablative of the relative pronoun qui) acting as the subject. It means "if that (expected event) does not follow," explaining the nature of a transfer ob rem, where recovery (repetitio) is available only when the future purpose is not realized.

Cite this passage

Justinian I, The Digest of Justinian §12.6.52.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:12.6.52.pr

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