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).
Romano Giuseppe (2022). Tra patti dotali e spese di viaggio: a proposito dell’actio utilis in factum di Pap. 4 resp. D. 23.4.26.3. ANNALI DEL SEMINARIO GIURIDICO, 65, 171-198.
Tra patti dotali e spese di viaggio: a proposito dell’actio utilis in factum di Pap. 4 resp. D. 23.4.26.3
Romano Giuseppe
2022-12-01
Abstract
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).
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