Cookies Policy
Cookie 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

A Byzantine interpretation of D. 12,1,32 and similar Digest fragments

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.
MyBook is a cheap paperback edition of the original book and will be sold at uniform, low price.

Buy this article

$30.00+ Tax (if applicable)
Add to Favorites

In the middle of the 6th century A.D. the antecessor Stephanus taught the codification of Emperor Justinian, explaining the Latin text of the Digest in Greek. In particular, he discussed the condictiones from D. 12,1. Stephanus introduced a specific name for the condictio from D. 12,1,32, namely ó κονδικτικιος απο καλον και δικαιον (condictio ex bono et aequo). This name refers to the facts of the casus. Only the plaintiff as former owner can apply ó κονδικτικιος απο καλον και δικαιον against a possessor in good faith who has acquired ownership. It always concerns an enrichment of a third person with whom the plaintiff has not any juridical relation. It appears that in other Digest fragments this specific condictio is also recognized on the basis of substantive grounds. Stephanus used the condictio ex bono et aequo from D. 12,6,66 as technical juridical term and gave it a forensic meaning.


Article metrics loading...



Can't access your account?
  • Tools

  • Add to Favorites
  • Printable version
  • Email this page
  • Subscribe to email alerts
  • 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

    Thank you

    Your recommendation has been sent to your librarian.

  • Export citations
  • Key

  • Full access
  • Open Access
  • Partial/No accessInformation