Morals of the Church
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Chapter — Marc, Institutiones Morales

CHAPTER VI: On Causes Excusing from Restitution

¶1.

St. Alphonsus, III, nn. 696-706; ed. G., II, p. 161; Lugo, disp. 21; Lessius, l. 2, c. 16; Billuart, tr. VIII, art. 20; Carriere, n. 1267; Lehmkuhl, I, 1228; Reuter, P. III, n. 351; Noldin, II, 514; Genicot, I, n. 557; Aertnys, tr. VII, n. 359.

The Commandments of GodJustice and Rights (Seventh and Tenth Commandments)RestitutionRestitution in General

¶1016.
  1. Causes which excuse from restitution are those on account of which an obligation of restoring already contracted is either suspended or entirely taken away.

The general principle can be stated thus: Whenever the creditor reasonably ought to consent that restitution be deferred or omitted, this can be deferred or omitted, even if the creditor were in fact unwilling. The reason is clear: for where the owner is not reasonably unwilling, the detention of another's thing cannot be called unjust. Cf. n. 727.

But to elucidate that principle, we shall treat especially: 1. of causes which suspend the obligation of restoring; - 2. of causes which take it away.

The Commandments of GodJustice and Rights (Seventh and Tenth Commandments)RestitutionRestitution in General

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