[PAULUS libro trigensimo ad edictum. ] §14.6.8.prCum tamen a curatore per ignorantiam solutum sit, repeti debet.
[PAULUS, On the Edict, Book 30] However, when payment has been made by a curator through ignorance, it must be recovered.
Justinian I · The Digest of Justinian §14.6.8.pr
Payment by Mistaken Curator and Recovery
Summary
This section rules that, unlike the case of payment by the head of a household themselves, when a curator makes a payment in ignorance of the facts, the recovery of the paid sum must be allowed.
Notes
- §14.6.8.prCum tamen a curatore per ignorantiam solutum sit — This presents an exception (tamen) to the rule in the preceding section (§14.6.7.16), which states that voluntary payment by the person who became the head of household cannot be recovered. The cum clause with the subjunctive verb (solutum sit) indicates a situational or conditional concession, specifying that the payment was made by a curator under 'ignorance of fact' (per ignorantiam).
Cite this passage
Justinian I, The Digest of Justinian §14.6.8.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:14.6.8.pr
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