Humanitext Reader

Justinian I · The Digest of Justinian §30.1.60.pr

Undeducted Delivery of Bequest and Condictio Incerti

Passage 4656 of 9271 · Latin

Summary

This section provisions the availability of an action for recovery of an uncertain amount (condictio incerti) if a house is delivered without any deduction, as if an overpayment had been made.

[IULIANUS libro trigesimo nono digestorum. ] §30.1.60.prQuod si nulla retentione facta domum tradidisset, incerti condictio ei competet, quasi plus debito soluerit.
[JULIAN, Book 39 of the Digests.] But if he had delivered the house without making any deduction, an action for recovery of an uncertain amount will be available to him, as if he had performed more than what was due.

Notes

  1. 30.1.60.prnulla retentione facta — An ablative absolute construction, consisting of the noun retentio (deduction, retention), the adjective nullus, and facta (the perfect passive participle of facere), meaning 'without making any deduction'.
  2. 30.1.60.prquasi plus debito soluerit — The conjunction quasi (as if) takes the subjunctive (here, the perfect soluerit). debito is an ablative of comparison dependent on the comparative plus, meaning 'more than what was due'.

Cite this passage

Justinian I, The Digest of Justinian §30.1.60.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:30.1.60.pr

Please note the AI-draft status of the translation and the date accessed.

Translation, notes and summary are AI-generated drafts, revised through reader feedback.