Part — Merkelbach, Summa Theologiae Moralis
Third Part: Concerning Commutative Justice
277.
277. Commutative justice regards commutations in which it establishes and preserves the due equality toward another. But commutations, or operations by which something is transferred from one to another, are some involuntary, others voluntary. Hence we shall speak:
277.
- of the act of commutative justice by which due equality is established or rendered, namely, of restitution;
277.
- of justice and injustice in involuntary commutations;
277.
- of justice and injustice in voluntary commutations.
Within this part
Section A: Concerning the Proper Act of Commutative Justice or Concerning Restitutionnn. 278–342
- Question One: Concerning the Necessity of Restitutionnn. 282–287
Question Two: Concerning the Roots of Restitutionnn. 288–319
- Article I: On Unjust Takingnn. 289–297
- Article II: On Detention of a Thing Receivednn. 298–301
- Article III: On Unjust Taking Together with Detention of the Thingnn. 302–308
- Article IV: On Unjust Cooperationnn. 309–319
Question Three: On the Circumstances of Restitutionnn. 320–334
- Article I: On Him to Whom Restitution Must Be Madenn. 320–323
- Article II: On the Order of Those to Whom Restitution Must Be Madenn. 324–325
- Article III: On the Mode by Which Restitution Must Be Madenn. 326–328
- Article IV: On the Place Where Restitution Must Be Madenn. 329–331
- Article V: On the Time When Restitution Must Be Madenn. 332–334
Section B: On Justice and Injustice in Involuntary Exchangesnn. 343–447
Chapter I: On Injuries in the Internal Goods of Life and Bodynn. 344–381
- Question One: On Injuries in the Spiritual Goods of the Soulnn. 344–348
- Question Two: On the Killing of Oneselfnn. 349–354
- Question Three: On the Killing of One's Neighbornn. 355–364
- Question Four: On Duelingnn. 365–368
- Question Five: On Harms Which Are Inflicted upon the Members of the Bodynn. 369–374
- Question Six: On Restitution for Homicide and Woundingnn. 375–377
- Question Seven: On the Obligations of Physiciansnn. 378–381
Chapter III: On Injuries in the External Goods of Fortunenn. 390–416
- Question One: On the Private Right of Possessing External Goodsnn. 391–402
- Question Two: On Theftnn. 403–408
Question Three: On the Causes Excusing the Taking of Another's Thingnn. 409–416
- Article I: On Urgent Necessitynn. 410–412
- Article II: On Hidden Compensationnn. 413–416
Section C: On Justice and Injustice in Voluntary Commutations or Contractsnn. 448–610
Chapter I: On Contracts in Generalnn. 451–476
Chapter II: On Unilateral Contractsnn. 477–510
- Question One: On Promisenn. 477–480
- Question Two: On Donationnn. 481–489
- Question Three: On Testamentnn. 490–495
- Question Four: On Principles Common to Donation and Testamentnn. 496–503
- Question Five: On Legal Successionnn. 504–510
Chapter III: On Bilateral Onerous Commutative Contractsnn. 511–570
Question One: On Purchase and Salenn. 511–539
- Article I: On Purchase and Sale in Generalnn. 513–524
- Article II: On Sale Through Brokersnn. 525–527
- Article III: On Sale by Auctionnn. 528–530
- Article IV: On Retrovenditionnn. 531–533
- Article V: On Monopolynn. 534–536
- Article VI: On Exchange and Tradingnn. 537–539
- Question Three: On the Contract of Partnershipnn. 558–561
Question Four: On Census and Exchangenn. 562–570
- Article I: On Census and the Censual Contractnn. 562–566
- Article II: On Exchangenn. 567–570
Chapter IV: On Gratuitous Bilateral Contractsnn. 571–592
Question One: On the Contract of Creditnn. 571–583
- Article I: On Commodatumnn. 572–573
- Article II: On Mutuumnn. 574–583
- Question Two: On Deposit and Sequestrationnn. 584–587
- Question Three: On Mandate and Management of Affairsnn. 588–592
Chapter V: On Aleatory Contractsnn. 593–605
- Question One: On Insurancenn. 594–599
- Question Two: On Play, Wagering, and Lotterynn. 600–602
- Question Three: On Stock Exchange Speculationsnn. 603–605