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Justinian I · The Digest of Justinian §50.17.84.pr-50.17.84.1

Indivisible Overpayment and the Definition of Natural Debt

Passage 9144 of 9271 · Latin

Summary

This text explains that when an overpayment occurs and the recoverable part cannot be identified, the whole is deemed not due while the original obligation remains, and defines natural debt based on the law of nations and trust.

[PAULUS libro tertio quaestionum. ] §50.17.84.prCum amplius solutum est quam debebatur, cuius pars non inuenitur quae repeti possit, totum esse indebitum intellegitur manente pristina obligatione.
[PAULUS, from his third book of Questions.] When more has been paid than was due, and no part of it can be identified which can be recovered, the whole is understood to be not due, while the original obligation remains.
§50.17.84.1Is natura debet, quem iure gentium dare oportet, cuius fidem secuti sumus.
He owes by natural law who is obliged to give under the law of nations, and whose credit we have trusted.

Notes

  1. §50.17.84.prcuius pars non inuenitur quae repeti possit — The relative pronoun 'cuius' (genitive) refers to the preceding overpaid whole (solutum or amplius). It is modified by 'pars', and 'quae repeti possit' is a subjunctive relative clause of characteristic or potentiality, resulting in a nested structure: 'a part of which is not found such as can be recovered.'
  2. §50.17.84.1natura debet — The ablative 'natura' means 'by nature' or 'under natural law.' This refers to a state of owing a 'natural obligation' (naturalis obligatio), which, while lacking a strict civil law action, constitutes a moral or common law duty.

Cite this passage

Justinian I, The Digest of Justinian §50.17.84.pr-50.17.84.1. Humanitext Reader, https://reader.humanitext.ai/en/text/urn:cts:latinLit:phi2806.phi002.humanitext-lat1:50.17.84.pr-50.17.84.1

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