Morals of the Church
Library › Marc, Institutiones Morales › Volume I › Part II: On the Precepts of the Decalogue and of the Church › Section II: On the Individual Precepts of the Decalogue › TREATISE VII: On the Seventh and Tenth Precept of the Decalogue › DISSERTATION III: ON THE REPARATION OF INJURED RIGHT, OR ON RESTITUTION › CHAPTER IV: On Those to Whom Restitution Must Be Made

Article — Marc, Institutiones Morales

ARTICLE II: To Whom Restitution Must Be Made First

¶1000.
  1. If a debtor can satisfy all his creditors, no order necessarily must be observed in restoring. Otherwise, the order of creditors must be observed (III, 684). Cf. Lessius, l. 2, c. 15; Lugo, disp. 20, s. 1-7.

This order demands two things for itself: 1. one, that satisfaction be made wholly to the prior class of creditors, no account being had of the later class; 2. the other, that, if goods do not suffice for satisfying the creditors of the same class wholly, satisfaction be made to each of them for the pro rata part.

The aforesaid order is prescribed either by natural law or by positive law. But before all, the order which positive law prescribes must be observed, insofar as it is a determination of natural law itself; and it must be noted that the order established by positive law obliges in conscience whenever it is not repugnant to natural Right (III, 689, 6).

The Commandments of GodJustice and Rights (Seventh and Tenth Commandments)RestitutionTo Whom Restitution is to be MadeOrder of Making Restitution

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