ARTICLE II: TO WHOM IS RESTITUTION TO BE MADE?

782. • Restitution must be made to him whose right has been injured. Wherefore:

1° To the one suffering damage (who is also called the creditor), if it is owed on account of damage given.

2° If it is owed on account of unjust detention of another's thing: a. To the owner himself, if the thing was taken from the owner. b. Not to the owner, but to the just possessor (for example the borrower for use), if the thing was stolen from him; for this man's right of possession was injured. Resolve the same if there is doubt whether he possesses justly, because in doubt presumption favors the possessor. But to the owner, not to the possessor, if the latter is probably going to abuse the thing with injury to the owner.¹

3° When the owner, or, as above, the possessor, is dead, the thing must be restored to the heirs, who either ab intestato or by testament have succeeded into the rights of the deceased; nor can it be expended for the repose of the soul of the deceased, unless from the express or at least presumed will of the heirs, not however of the deceased, since now they, not he, have dominion or possession of the thing.²

4° If after diligent inquiry the owner is doubtful, either the doubt turns among a few, or among many. If the former, restitution must be made to them according to proportion, or the presumed owners must be induced to a composition. If the latter, for example because someone selling in some city defrauded many in weight or price, restitution must be made, and indeed under grave sin, either to those defrauded or to the poor of that place, or for pious causes useful to that same place; but under light sin only to those defrauded (and to these not even under light sin, if a reasonable cause is present), suppose by increasing in the same way the weight or measure, or by diminishing the price toward ordinary buyers, who are presumed to have been damaged, if it can easily be done.

5° If the owner is plainly unknown, or if, although known, he nevertheless can be approached neither immediately nor mediately in a moral manner, a distinction must be made: for either another's thing, acquired in good faith, is possessed, or in bad or doubtful faith. If in good faith, then one must act as in things recently lost, whose owner cannot be found (see above n. 656). But if in bad faith, the possessor must wholly despoil himself of such a thing and spend it for a pious work or the utility of the poor. For it is unlawful that malice profit a thief or a possessor of bad faith.¹ If finally in doubtful faith, the doubt persevering after due inquiry, the thing must be spent partly for the poor or pious causes, and partly can be retained. Cf. n. 739.

6° If no one of the owners has been gravely injured and they are known, restitution must be made under grave sin to the poor or to pious causes; under light sin to the owners, and not even to these under light sin if a reasonable cause excuses. I said: 1° under grave sin to the poor or to pious causes. The reason is that by becoming notably rich from another's thing, he has inflicted grave damage upon the republic. I said: 2° under light sin to the owners; for to each of those he has inflicted only light damage.²

Note for practice. - To those obligated to restitutions to the poor or to pious causes, it is prudently declared that they satisfy if they give those things which they are accustomed to contribute toward the support of the poor, churches, etc., which is not owed, with that intention that they satisfy the obligation of restoring. Except if the sum to be restored is so great that usual contributions of this kind do not equal it.

783. Questions. - Query 1° When your creditor has been compelled to make a cession of goods, must you restore to him or to his creditors?

Resp. Generally speaking, to him in whose hands, after the cession of goods has been made, the administration and custody of those goods remains. For to this one alone restitution or payment of debts can and ought to be made, so that, if it is made to another, it is not valid and perishes for the one paying, if perhaps the thing handed over does not come into the hands of the administrator. Wherefore if it were a question of debts which are kept hidden by him who cedes his goods, the debtors of that man would cooperate in his fraud if, the cession of goods being known, they paid the debt to him; for which reason they would not be safe even in the forum of conscience, and could be sued in the external forum to pay again. Yet sometimes you could restore to your creditor, for example if the debt is small, if he is upright, and you believe that he is going to restore it to the creditors; likewise if he is situated in grave necessity and greatly needs that debt to live, because, as theologians commonly teach, one ceding goods can subtract those things which are altogether necessary for living. - S. Alph.,³ Gousset.²

784. • Query 2° To whom ought a debtor FROM DELICT restore if the injured owner cannot be found?

Resp. According to the common opinion, he must restore to the poor or to pious causes. The reason is that by common sense the unknown owner is judged to be represented by the poor or by pious causes; for such is presumed to be his will whenever he cannot recover his thing unjustly taken away or damaged. - Thus S. Thom.³ Concerning this there is certainty from Canon Law as to usurious and simoniacal profit. The canon law seems also to be extended by custom to the other cases: but custom is the best interpreter of laws. Therefore it appears that some law of nations has been introduced concerning this.

Some say that the debtor can spend these things for any public utility, even profane. But in practice one must stand by the general custom. But never can the possessor of bad faith, nor the unjust damager, retain the debt (unless, as is clear from S. Alph.⁴, he himself is truly poor), because from right, whether natural or positive, at least customary, restitution must be made to pious causes. L. V. 71. H. A. Tr. X. 17.