[POMPONIUS libro nono ad Sabinum. ] §12.6.7.prQuod indebitum per errorem soluitur, aut ipsum aut tantundem repetitur.
[POMPONIUS, On Sabinus, book 9.] What is paid by mistake when not due, either the thing itself or its equivalent is recovered.
Justinian I · The Digest of Justinian §12.6.7.pr
Recovery of the Thing Itself or Its Equivalent in Undue Payment
Summary
This section states the general rule that when something not due is paid by mistake, either the specific thing itself or its equivalent value is recovered.
Notes
- 12.6.7.prQuod indebitum — The adjective `indebitum` is used predicatively with the neuter singular relative pronoun `Quod` (which implies its own antecedent), meaning "that which is paid as not due."
- 12.6.7.pripsum aut tantundem — This indicates the distinction between the objects of recovery under the action for unjust enrichment (condictio). `ipsum` (the thing itself) refers to the recovery of a specific thing (species, such as a particular slave or tract of land), while `tantundem` (the same amount or equivalent) refers to fungibles or consumable things (such as money or grain).
Cite this passage
Justinian I, The Digest of Justinian §12.6.7.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:12.6.7.pr
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