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Justinian I · The Digest of Justinian §12.6.54.pr

Recovery of Mistaken Payments for Invalid Causes

Passage 2030 of 9271 · Latin

Summary

Papinian provides a general rule that where performance has followed by mistake based on causes that were legally invalid or ineffective, there is ground for a condictio.

[PAPINIANUS libro secundo quaestionum. ] §12.6.54.prEx his omnibus causis, quae iure non ualuerunt uel non habuerunt effectum, secuta per errorem solutione condictioni locus erit.
[PAPINIANUS, in the second book of Questions.] In all these cases which were not valid in law or did not have effect, if payment followed by mistake, there will be room for a condictio.

Notes

  1. 12.6.54.prsecuta per errorem solutione — The perfect participle secuta (from the deponent verb sequor) agrees with the feminine ablative singular noun solutione to form an ablative absolute construction, expressing the conditional clause "if performance followed by mistake."
  2. 12.6.54.prcondictioni — Dative singular of the noun condictio. It serves as the complement of the impersonal phrase locus erit ("there will be room"), indicating that a condictio (claim for recovery) is available.

Cite this passage

Justinian I, The Digest of Justinian §12.6.54.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:12.6.54.pr

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