Res pignori data pecunia soluta condici potest

Remarks on D. 12,1,4,1 (Ulp. 34 ad Sab.)

Abstract

This article offers an exegesis of D. 12,1,4,1, a text in which Ulpian recognizes the pledgor the possibility of exercising
the condictio against the pledgee who does not return the pledge or who receives its products without a cause that justifies it. Although most of the doctrine sees here an implicit reference to theft (condictio ex causa furtiva), we think that this source, genuine in its substance, attests a case of condictio sine datione non furtiva, in line with Sabinian doctrine that condictio can be exercised every time someone retains a thing ex iniusta causa.