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

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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.

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/content/journals/10.1163/157181912x626911
2012-03-01
2015-05-25

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