Question VIII: Where restitution is to be made

TWIN rules for this matter are assigned by the Doctors.

The FIRST is: Restitution must be made there where the creditor recovers his goods without loss to himself, provided also the debtor does not straightway suffer loss without his own fault. In this all the Doctors agree unanimously, D. Thom. art 5. ad 3. Caietanus here, and V. Restitutio, cap. 5. Sotus Lib. 4. quaest. 7. art. 1. ad 3. Medina quaest. 2. de restit. dub. 3. Navar. cap 17. man. num. 42. Couar. in regul. Peccatum, part. 1. num. 9. Valentia disp. 5. quaest. 6. puncto 8.

SECOND rule: when the debtor cannot restore in such a place without unjust loss to himself or to the creditor, he may admonish the creditor, and in the meantime suspend, or even, according to the doctrine of D. Thom. here, art. 5. ad 3., deposit the thing in question in a safe place, so that it may be returned opportunely.

And the first rule follows: first, that he who is bound to restore by reason of the thing alone, and not by reason of an unjust acceptance or retention, satisfies well if he returns it in the place where he justly and in good faith received it, or where he promised he would pay, or in that place to which he went with simple intention, and he is not bound to pay elsewhere with expense. Second, that he who by unjust acceptance, retention, or delay made himself liable to restitution, is bound to restore, even with expense, where it is equally convenient for the Lord; For he unjustly afflicted the Lord with a like inconvenience. See Valentia.

I yet think this is not true, when by that mode of restoring the debtor would undergo a greater loss than the creditor has suffered. For a similar reason, if in transferring the thing you were compelled to spend far more than the thing is worth, you are not bound; but it can be given to the poor, says Ligis num. 9.