Justinian I · The Digest of Justinian §3.5.22.pr

Responsibility for Undue Collection and Payment in Management

Passage 594 of 9271 · Latin

Summary

This section addresses the obligation to restore what was exacted when not due during the management of another's business, and the self-responsibility for paying what was not due.

[PAULUS libro uicensimo ad edictum. ] §3.5.22.prSi quis negotia aliena gerens indebitum exegerit, restituere cogitur: de eo autem, quod indebitum soluit, magis est ut sibi imputare debeat.

[PAULUS, On the Edict, book twenty] If anyone, in managing another's business, has exacted what was not due, he is compelled to restore it; but concerning that which he paid when it was not due, it is more reasonable that he should impute it to himself.

Notes

§3.5.22.prmagis est ut — An impersonal expression `magis est` followed by an `ut` clause with the subjunctive (`debeat`), meaning "it is more reasonable that..." or "it is the better opinion that...", indicating a prevailing legal view.
§3.5.22.prsibi imputare debeat — The verb `imputare` (to impute, reckon) with the dative `sibi` (to oneself), meaning "he ought to attribute it to himself" or "he must bear the responsibility himself," referring to the manager's own negligence or liability in making an undue payment.

Cite this passage

Justinian I, The Digest of Justinian §3.5.22.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:3.5.22.pr

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