A Topic of Moral Theology

Order of Making Restitution

Which creditors are to be paid first when all cannot be satisfied.

Within this topic

In the index as Creditors (Creditores) · Restitution · Order · Cession of Goods (Cessio bonorum) · Creditor · Cooperator toward damage (Cooperator ad damnum) · Debts · "Bankrupt Law." · Circumstances of restitution · Counsel · Debt · Fraudulent preference in bankruptcy · Order in general · Privilege · Privileged creditors · Bankrupt and debts · Condonation of the creditor · Contracted debts · Executor · Formal and material cooperator · Mandatary (Mandatarius) · Mandate · Mortgage · Mortgage census

In the manuals

Summa of Moral Theology (Summa Theologiae Moralis)

Vol. II, Part Second. On the Precep…, Book Sixth. On the Seventh…, Chapter Third. On the Repa…, Question Fourth. On Restit…, Article Sixth. On Negative…, Section 2. On the Order of Restitution, nn. 500 & 501 (2 passages — hover a number to read it)

Vol. II, Part Second. On the Precep…, Book Sixth. On the Seventh…, Chapter Third. On the Repa…, Question Fifth. On the Cir…, Article Second. In What Or…, Section 1. The Order Among Creditors from Positive Law, nn. 505 & 506 (2 passages — hover a number to read it)

A Manual of Moral Theology for English-Speaking Countries

Vol. I, Bk. VI, Pt. VII, Div. III, Ch. V, Section III. Order of Making Restitution, nn. 1, 2 & 3 (3 passages — hover a number to read it)

Institutions of Moral Theology (Institutiones Theologiae Moralis)

Vol. II, On the Seventh and Tenth P…, XXX. In What Order Restitution is to be Made, nn. 1429–1446 (18 passages)

Compendium of Moral Theology of Fr. John Peter Gury, S.J., with the Notes of Antonio Ballerini, S.J.

Vol. I, Treatise on Justice and Ri…, Third Part. On Restitution, Sect. I, Ch. III, Article III. In What Order Must Restitution Be Made?, n. ¶1 — The order of restitution can be considered both on the part of those who ought to restore, when several have cooperated in the same damage, and on the part of those to whom restitution must be made.Read in context →

Vol. I, Treatise on Justice and Ri…, Third Part. On Restitution, Sect. I, Ch. III, Art. III, § I. On the Order of Restitution Among Cooperators, nn. 702 & 703 (10 passages — hover a number to read it)

Vol. I, Treatise on Justice and Ri…, Third Part. On Restitution, Sect. I, Ch. III, Art. III, § II. On the Order of Restitution as Regards Creditors, nn. 704, 705, 706 & 707 (25 passages — hover a number to read it)

A Handbook of Moral Theology (Koch–Preuss)

Vol. V, Pt. I, Ch. V, Sect. 10, A. Restitution in General, Article 3: The Circumstances of Restitution, nn. ¶16 & ¶17 (2 passages — hover a number to read it)

Manuale Theologiae Moralis

Vol. II, Tr. XI, Sect. I, Q. III, Ch. IV, Art. III, § 1. To Whom Restitution Is To Be Made, n. 236 — 236. The question is connected here: To whom ought restitution first to be made, or in what order ought the creditors to be satisfied? 1. If the debtor can satisfy all his creditors, no order need necessarily be observed… Read in context →

Institutiones Morales Alphonsianae

Vol. I, Pt. II, Sect. II, Tr. VII, Diss. III, OR ON RESTITUTION, Ch. III, ARTICLE II: On the Order of Restitution among Unjust Cooperators, nn. ¶1, ¶995 & ¶996 (3 passages — hover a number to read it)

Vol. I, Pt. II, Sect. II, Tr. VII, Diss. III, OR ON RESTITUTION, Ch. IV, ARTICLE II: To Whom Restitution Must Be Made First, n. ¶1000 — 1000. 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 o… Read in context →

Vol. I, Pt. II, Sect. II, Tr. VII, Diss. III, OR ON RESTITUTION, Ch. IV, Art. II, § 1. ORDER OF CREDITORS FROM POSITIVE LAW, nn. ¶1001, ¶1002 & ¶1003 (3 passages — hover a number to read it)

Vol. I, Pt. II, Sect. II, Tr. VII, Diss. III, OR ON RESTITUTION, Ch. IV, Art. II, § 2. ORDER OF COMMON CREDITORS FROM NATURAL LAW, nn. ¶1, ¶1004, ¶1005 & ¶1006 (4 passages — hover a number to read it)

Theologia Moralis Sancti Alphonsi: Reduced into a Compendium

Vol. I, TREATISE ON RIGHT AND JUST…, THIRD PART: ON RESTITUTION, Ch. III, ARTICLE III: IN WHAT ORDER IS RESTITUTION TO BE MADE?, n. ¶1 — The order of restitution can be looked at both on the part of those who ought to restore, when many have cooperated in the same damage, and on the part of those to whom restitution must be made.Read in context →

Vol. I, TREATISE ON RIGHT AND JUST…, THIRD PART: ON RESTITUTION, Ch. III, Art. III, § I. On the Order of Restitution Among Cooperators, nn. ¶785 & ¶786 (2 passages — hover a number to read it)

Vol. I, TREATISE ON RIGHT AND JUST…, THIRD PART: ON RESTITUTION, Ch. III, Art. III, § II. On the Order of Restitution as to Creditors, nn. ¶787, ¶788, ¶789 & ¶790 (4 passages — hover a number to read it)

Summa Theologiae Moralis

Vol. II, Special Moral Theology: On…, Treatise: On the Cardinal …, Third Part: Concerning Com…, Section A: Concerning the …, Question Three: On the Cir…, Article II: On the Order of Those to Whom Restitution Must Be Made, nn. 324 & 325 (14 passages — hover a number to read it)

Compendium of Moral Theology

Vol. I, Tr. VIII, Pt. III, Sect. I, Ch. III, Article III. In What Order Restitution is to be Made, n. ¶1 — The order of restitution can be considered both on the part of those who must restore, when several have cooperated in the same damage, and on the part of those to whom restitution must be made.Read in context →

Christian Theology, Dogmatic and Moral, in Compendium

Diss. II, Chapter III — On those to whom restitution ought to be made; and on the order to be observed in restitution, n. V — V. QUESTION III. What order is to be observed in restitution? ANSWER. When a debtor is not solvent for all his creditors, the laws determine that some of these are to be preferred to others. For some are creditors who by… Read in context →

Cases of Conscience for English-Speaking Countries, Volume I

Slater, Cases I, Restitution, Case 4. Restitution in Another Species of Goods, nn. ¶1, ¶2, ¶3, ¶4, ¶5, ¶6, ¶7, ¶8, ¶9, ¶10 & ¶11 (11 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 …, To which of several creditors must restitution be made first?, nn. 1–30 (30 passages)

Questions of Moral Theology

Slater, Questions, Bankruptcy and Conscience, nn. ¶368–¶395, ¶397, ¶398, ¶399, ¶401 & ¶402 (33 passages — hover a number to read it)

Manual of Moral Theology (Manuale Theologiae Moralis)

Vol. I, Bk. II, Tr. II, Diss. I, Pt. VII, Sect. II, Ch. II, Art. III, Scholion. On the Case in which Someone Cannot Satisfy All Creditors, nn. ¶1, 1012 & 1013 (3 passages — hover a number to read it)

Palladium Theologicum, Tome V: On the Virtues

Tr. I, Disputation XXIV: On Resti…, Question X: In what order restitution is to be made, nn. 1–20 (20 passages)

Treated under the broader heading Circumstances of Restitution — McHugh–Callan, Moral Theology · Bucceroni, Cases of Conscience · Vermeersch, Theologia Moralis · The Casuist — these works do not divide the matter as finely as we do here, so their treatment stands one heading up (ed.)