Byzantine and the Medieval West Roman tradition

The term consumpta pecunia , money used, in D. 12,1 is interpreted differently in the legal tradition of East and West, when it came to explain why a condictio was granted to recover money, lent by an unauthorised person. In Byzantine law, the sixth-century antecessor Stephanus interprets this condictio as an enrichment action, namely ὁ ἀπὸ καλοῦ δαπανήματος κονδικτίκιος ( condictio de bene depensis ). For Stephanus money, once used, causes ownership to pass by commixture. He considers the condictio in the Digest as a unitary doctrine and views the titles D. 12,2 and D. 12,3, which deal with other matters, as a parenthesis. In the Glossa Ordinaria, this condictio has been interpreted as a contractual condictio , namely as a condictio ex numeratione or condictio ex consumptione . In the Glossa ordinaria consumpta pecunia causes ownership to pass by the validation of the contract. D. 12,1 is considered to be an independent title. The condictio in D. 12,1 is a contractual condictio ; the condictiones discussed in the other titles are different, they arise ex bono et aequo

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