CONTRAHERE E ANIMUS CONTRAHENDI IN SALVIO GIULIANO

2022

The paper deals with the category of negotium in Salvius Iulianus. The author rejects the thesis according to which the jurist would have developed a concept of negotium as an objective relationship between two distinct assets. From the examination of Iul. 15 dig. D. 18.5.5 and Iul. 18 dig. D. 12.1.20 has rather taken shape the image of a jurist attentive to the will of the contracting parties, in the determination of id quod actum est.

Tra patti dotali e spese di viaggio: a proposito dell’actio utilis in factum di Pap. 4 resp. D. 23.4.26.3

2022

This study deals with Pap. 4 resp. D. 23.4.26.3, interesting text of Papinian in which an actio utilis in factum is granted against the husband who, in violation of what was agreed, had not reimbursed his wife for the travel expenses incurred to reach him. The author excludes it was a contractual action (a. praescriptis verbis, a.c.i.), believing rather that it was an a. de dolo in factum, in application of the principle that prohibited the exercise of infaming actions between spouses (C. 5.12.1.2; Ulp. 11 ad ed. D. 4.3.11.1).

L’actio in factum come surrogato dell’azione di ripetizione? A proposito di Iul. 60 dig. D. 39.6.18.1 e Iav. 13 epist. D. 19.5.10

2021

The study touches upon the theme of the relationship between condictio and actio in factum in the matter of innominate contracts. More precisely, the question arises whether the atio in factum could have performed a merely repetitive function, rather than lead to the protection of the negative interest. In this regard the author deals with Iul. 60 dig. D. 39.6.18.1 and Iav. 13 epist. D. 19.5.10, on the subject of donatio mortis causa and (quasi-)usufruct respectively. What the two texts have in common is the fact that in both cases the use of an actio in factum pretoria (pursuant to Gai 4.46) is envisaged in a purely repetitive function and that for both cases a relationship with the issue …

Pietro Cerami (17.9.1938 - 8.4.2021)

2022