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Justinian I · The Digest of Justinian §49.1.11.pr

Recovery of Paid Sums after a Successful Appeal

Passage 8475 of 9271 · Latin

Summary

It is ruled that if a person who obtained a better judgment through an appeal had already paid money under the compulsion of a judge based on the previous judgment, he must recover the money he paid.

[IDEM libro tertio de omnibus tribunalibus. ] §49.1.11.prCum ex causa iudicati soluta esset pecunia ex necessitate iudicis ab eo, qui appellatione interposita meruerit meliorem sententiam, recipere eum pecuniam quam soluit oportet.
[THE SAME, from the third book on all tribunals.] When, on the basis of a judgment, money had been paid under compulsion of the judge by one who, having interposed an appeal, obtained a better judgment, it is necessary that he recover the money which he paid.

Notes

  1. §49.1.11.prex causa iudicati — The genitive form iudicati, from the noun iudicatum (judgment, decided matter), depends on the prepositional phrase ex causa (on account of, on the basis of). It means that the payment was made in performance of the obligation arising from the judgment.
  2. §49.1.11.prappellatione interposita — An ablative absolute construction consisting of the noun appellatio (appeal) and the participle interposita (interposed). It means 'after interposing an appeal' or 'by interposing an appeal', indicating the condition or means within the relative clause qui ... meruerit.
  3. §49.1.11.prrecipere eum pecuniam quam soluit oportet — The impersonal verb oportet (it is necessary) takes an accusative with infinitive (AcI) construction, with the accusative eum and the infinitive recipere, as its subject. The pronoun eum (he) refers back to eo in the preceding phrase ab eo (by him).

Cite this passage

Justinian I, The Digest of Justinian §49.1.11.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:49.1.11.pr

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