A Topic of Moral Theology

Juridical Fault; Likewise on a Contract or Law Intervening

How far fault recognised in law binds to restitution, and what a contract or statute adds to it.

Also asked about as…

legal fault vs moral fault · liable in court but not in conscience (ed.)

In the index as Fault · Restitution · Theological fault, juridical fault · Juridical · Sin · A fortuitous case to be borne, in commodatum · Canonical laws concerning persons according to age · Contract · Delay · Delict · Fortuitous accident to be supplied in commodatum · Guards · Marriage · Offices · Quasi-delict · Summaries

In the manuals

Manual of Moral Theology (Manuale Theologiae Moralis)

Vol. I, Bk. II, Tr. II, Diss. I, Pt. VII, Sect. II, Ch. II, Art. II, § IV, Point III, Scholion II. On Juridical Fault; Likewise on a Contract or Law Intervening, n. 1009 — I. Juridical fault is present: 1° when someone posits an action harmful to another, either prohibited by law or not permitted by it; 2° when someone omits diligence owed by force of contract, law, or office. Furthermore,… Read in context →

Institutions of Moral Theology (Institutiones Theologiae Moralis)

Vol. II, On the Seventh and Tenth P…, XXV. On Restitution from Contract, nn. 1387, 1388, 1389, 1390, 1391 & 1392 (6 passages — hover a number to read it)

Vol. II, On the Seventh and Tenth P…, XXVI. On Restitution from Law or from Sentence of a Judge, nn. 1393, 1394 & ¶1 (3 passages — hover a number to read it)

Cases of Conscience, Proposed by Cardinal de Lugo, by Fr. Beniamino Elbel, by Fr. Ioannes Petrus Gury and by Other Authors, and Resolved (Casus conscientiae)

83. Restitution from Contract and from Law, nn. 1, 2, 3 & 4 (17 passages — hover a number to read it)

Theologia Moralis: Principles — Responses — Counsels

Vol. II, Bk. II, Tractate V: On Justice, Ch. VIII, Quasi-Delict, and Fault to Be Furnished, nn. 534, 535, 536 & 537 (4 passages — hover a number to read it)

Summa Summae S. Thomae (Billuart)

Billuart, Summa Summae, Tomus III. On the Secunda …, On Right and Justice, On the Act of Commutative …, Whether, and how far, juridical fault induces an obligation of restitution by reason of contract and quasi-contract, or of office?, nn. 1, 2, 3, 4, 5, 6, 7 & 8 (8 passages — hover a number to read it)

Christian Theology, Dogmatic and Moral, in Compendium

Diss. II, Chapter I — The notion of restitution, and the principles from which it proceeds. Tardy debtors and their confessors are admonished, nn. VII, IX, X & XI (4 passages — hover a number to read it)

Treated under the broader heading The Measure and Order by which Cooperators Are Held to Restitution — Tanquerey · Prümmer, Manuale Theologiae Moralis · Merkelbach, Summa Theologiae Moralis — these works do not divide the matter as finely as we do here, so their treatment stands one heading up (ed.)