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Justinian I · The Digest of Justinian §50.17.53.pr

Recovery of Mistaken Payments and Gifts by Intent

Passage 9113 of 9271 · Latin

Summary

Paulus states the rule that what is given by mistake is subject to recovery, whereas what is given intentionally constitutes a gift.

[PAULUS libro quadragensimo secundo ad edictum. ] §50.17.53.prCuius per errorem dati repetitio est, eius consulto dati donatio est.
[PAUL, in his forty-second book on the Edict.] Of that which, when given by mistake, there is a right of recovery, there is a gift of the same when given intentionally.

Notes

  1. §50.17.53.prCuius... eius — The antecedent demonstrative pronoun `eius` and the relative pronoun `cuius` are both accompanied by the perfect passive participle `dati`, referring to 'that which has been given'. They function as objective genitives dependent on the nouns `donatio` (gift) and `repetitio` (recovery) in the main clause and relative clause respectively.
  2. §50.17.53.prdati — The perfect passive participle of the verb `do` (to give) in the genitive neuter singular. In the first clause, it is modified by the prepositional phrase `per errorem` (by mistake), and in the second clause, by the adverb `consulto` (intentionally).

Cite this passage

Justinian I, The Digest of Justinian §50.17.53.pr. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.17.53.pr

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