Morals of the Church
Library › Noldin, Summa of Moral Theology › Volume II. On the Precepts of God and of the Church › Part Second. On the Precepts of the Decalogue › Book Sixth. On the Seventh Precept of the Decalogue › Chapter Third. On the Reparation of Injured Ownership

Question — Noldin, Summa of Moral Theology

Question Sixth. On Causes Excusing from Restitution

514.

514. Declarations. The causes excusing from restitution are numbered chiefly as four: a. condonation of the creditor; b. impotence of the debtor; c. cession of goods; d. composition.

  1. Some of these causes excuse altogether (condonation and composition), because they take away the obligation of restoring; others excuse only for a time (impotence and cession of goods), because they suspend the obligation of restoring as long as the cause lasts.

  2. With condonation excepted, all other causes excuse on the part of the debtor. The common principle of these causes is: on the part of the debtor all those things excuse which bring it about that the creditor cannot be reasonably unwilling, although in fact he is unwilling. But the creditor cannot be reasonably unwilling when by restoring the debtor would undergo an inconvenience notably greater than the inconvenience of the creditor from restitution not received. But if the owner would suffer equal inconvenience from omitted restitution as the debtor, this one is not excused from making restitution.

Causes Which Excuse from Making Restitution

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