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Justinian I · The Digest of Justinian §13.5.9.pr

Erroneous Payment to a Third Party and Condictio

Passage 2092 of 9271 · Latin

Summary

It explains that a third party who received an erroneous payment will be held liable under an action for recovery of what was not owed (condictio indebiti).

[PAPINIANUS libro octauo quaestionum. ] §13.5.9.prTitius tamen indebiti condicione tenebitur, ut quod ei perperam solutum est ei qui soluit reddatur.
[PAPINIANUS, from the eighth book of Questions.] Titius will, however, be held liable to an action for recovery of what was not owed, so that what was paid to him by mistake may be restored to the one who paid.

Notes

  1. §13.5.9.prindebiti condicione — A spelling variant of condictione (ablative of condictio, an action for recovery). Combined with indebiti, it forms an ablative of instrument/means, referring to the legal remedy of the action for recovery of an unauthorized payment (condictio indebiti).
  2. §13.5.9.prut — Introduces a clause of purpose or result with the subjunctive present active reddatur, explaining the consequence or intent of the liability (tenebitur): that the mistaken payment be restored to the payer.

Cite this passage

Justinian I, The Digest of Justinian §13.5.9.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:13.5.9.pr

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