Cookies Policy

This site uses cookies. By continuing to browse the site you are agreeing to our use of cookies.

I accept this policy

Find out more here

Byzantine and the Medieval West Roman tradition

No metrics data to plot.
The attempt to load metrics for this article has failed.
The attempt to plot a graph for these metrics has failed.
The full text of this article is not currently available.

Brill’s MyBook program is exclusively available on BrillOnline Books and Journals. Students and scholars affiliated with an institution that has purchased a Brill E-Book on the BrillOnline platform automatically have access to the MyBook option for the title(s) acquired by the Library. Brill MyBook is a print-on-demand paperback copy which is sold at a favorably uniform low price.

Access this article

+ Tax (if applicable)
Add to Favorites
You must be logged in to use this functionality

A dual exegesis of consumpta pecunia in D. 12,1

The term consumpta pecunia, money used, in D. 12,1 is interpreted differently in the legal tradition of East and West, when it came to explain why a condictio was granted to recover money, lent by an unauthorised person. In Byzantine law, the sixth-century antecessor Stephanus interprets this condictio as an enrichment action, namely ὁ ἀπὸ καλοῦ δαπανήματος κονδικτίκιος (condictio de bene depensis). For Stephanus money, once used, causes ownership to pass by commixture. He considers the condictio in the Digest as a unitary doctrine and views the titles D. 12,2 and D. 12,3, which deal with other matters, as a parenthesis. In the Glossa Ordinaria, this condictio has been interpreted as a contractual condictio, namely as a condictio ex numeratione or condictio ex consumptione. In the Glossa ordinaria consumpta pecunia causes ownership to pass by the validation of the contract. D. 12,1 is considered to be an independent title. The condictio in D. 12,1 is a contractual condictio; the condictiones discussed in the other titles are different, they arise ex bono et aequo.


Full text loading...


Data & Media loading...

Article metrics loading...



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Subscribe to ToC alert
  • Get permissions
  • Recommend to your library

    You must fill out fields marked with: *

    Librarian details
    Your details
    Why are you recommending this title?
    Select reason:
    Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review — Recommend this title to your library
  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation