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Brevi considerazioni su Paul. 32 ad ed. D.19.4.1.4: tra tradizione testuale e proposte emendative

2012

This paper analyses a famous excerpt from the roman jurist Paulus on the barter (Paul. 32 ad ed. D.19.4.1.4). According to the scholars this passage lists (even if confusedly) the available procedural remedies against the defaulting party, given the institution of a valid contract: action in id quod interest, aimed at obtaining a specific performance, and the condictio quasi re non secuta, for the recovery of what has already been given. However, this reconstruction does not consider the connection (igitur) with the previous § 3, in which it is affirmed that barter is void when a party delivers a third party property. So the author suggests to abandon Mommsen’s reconstruction based on Bas.2…