[PAULUS libro quinto ad Sabinum. ] §18.1.23.pr(et quod soluerit eo nomine, emptor condicere potest)
[PAULUS in the fifth book on Sabinus.] (and the buyer can bring an action for recovery of what he has paid on that account)
Justinian I · The Digest of Justinian §18.1.23.pr
Recovery of Money Paid Under a Void Sale
Summary
Paulus states that the buyer can bring an action for recovery (condictio) to reclaim whatever they have paid on account of a void sale.
Notes
- §18.1.23.prquod soluerit — A noun clause introduced by the relative pronoun quod (neuter singular accusative) containing its own antecedent. The verb soluerit is in the perfect subjunctive (or future perfect indicative), representing an action completed prior to the main verb potest ('what he has paid'). The entire clause serves as the object of the infinitive condicere.
- §18.1.23.preo nomine — Ablative of cause or respect, meaning 'on that account' or 'under that name'. It refers to the context of the payment made under the void contract of sale discussed in the preceding fragment by Ulpian (18.1.22.pr).
- §18.1.23.prcondicere — Complementary infinitive with potest. This is a technical legal term meaning 'to bring a condictio' (an action for recovery/restitution of an unjustified enrichment).
Cite this passage
Justinian I, The Digest of Justinian §18.1.23.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:18.1.23.pr
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