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Justinian I · The Digest of Justinian §50.17.129.pr-50.17.129.1

Lawful Recovery of Debt and Inefficacy of Accessory Rights

Passage 9189 of 9271 · Latin

Summary

It states that a creditor who recovers what is due to him does not act with malice, and that if a principal legal cause does not stand, its accessory matters do not hold either.

[IDEM libro uicensimo primo ad edictum. ] §50.17.129.prNihil dolo creditor facit, qui suum recipit.
[THE SAME, in the twenty-first book on the edict.] A creditor does nothing with malice who receives what is his own.
§50.17.129.1Cum principalis causa non consistit, ne ea quidem quae sequuntur locum habent.
When the principal cause does not stand, not even those things which follow have a place.

Notes

  1. §50.17.129.prdolo — Ablative of manner or means, meaning "with malice" (dolus malus). Combined with "nihil... facit", it means "does nothing with malice," signifying the absence of fraudulent intent.
  2. §50.17.129.1consistit — Used here not merely as "to stand", but in the legal sense of "to exist validly" or "to be legally sustainable".
  3. §50.17.129.1quae sequuntur — Literally "those things which follow", but legally referring to "accessory matters" (such as accessory obligations or guarantees) in contrast to the "principal" (principalis).

Cite this passage

Justinian I, The Digest of Justinian §50.17.129.pr-50.17.129.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.17.129.pr-50.17.129.1

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