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Justinian I · The Digest of Justinian §12.6.8.pr

Irrecoverability of Payment to a Wife for an Insolvent Husband

Passage 1983 of 9271 · Latin

Summary

Paulus states that a payment made by a third party to a wife on behalf of her insolvent husband cannot be recovered, because it was effectively due to the wife.

[PAULUS libro sexto ad Sabinum. ] §12.6.8.prQuod nomine mariti, qui soluendo non sit, alius mulieri soluisset, repetere non potest: adeo debitum esset mulieri.
[PAULUS, On Sabinus, book 6.] What another has paid to a wife in the name of her husband, who is insolvent, cannot be recovered: to such an extent was it due to the wife.

Notes

  1. §12.6.8.prsoluendo non sit — soluendo is the dative of the gerund of soluere ('to pay'), which, when combined with esse, means 'to be capable of' or 'to be fit for'. The idiom soluendo esse means 'to be solvent', here used in the qui-clause to denote insolvency.
  2. §12.6.8.prsoluisset ... esset — The subjunctive forms soluisset (pluperfect) and esset (imperfect) are used because the text presents a hypothetical legal case ('if someone had paid', 'since it would have been due') rather than a specific historical fact.

Cite this passage

Justinian I, The Digest of Justinian §12.6.8.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:12.6.8.pr

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