The present work has as its subject a noted constitution by Gordiano from 238 a.d. in which is discussed the theme of guarantee from eviction in terms of trade operations similar to emptio venditio. In terms of ad exemplum ex empto actionis given to the possessio venalis buyer this paper agrees with dominant theory which excludes an actio ex empto identification. Doubts are expressed however on the amenability of the agere p.v., and the conjecture put forward by E. Sciandrello that there was a revision of Celio Sabino's doctrine by the imperial chancellery is also here contested. In reference to hypotheses of possessio non venalis trade, suspicions are expressed regarding the authenticity of the 'si hoc elergeris' clause, thus attributing an attitude reminiscent of Cels. 3 <8> dig. D.12.4.16.
Romano, G. (2012). Celio Sabino e la venalis possessio di C.4.64.1 (Gord., a. 238). DIRITTO@STORIA, Quaderno n. 10 - Nuova serie - anno X (2011-2012), 1-17.
Celio Sabino e la venalis possessio di C.4.64.1 (Gord., a. 238)
ROMANO, Giuseppe
2012-01-01
Abstract
The present work has as its subject a noted constitution by Gordiano from 238 a.d. in which is discussed the theme of guarantee from eviction in terms of trade operations similar to emptio venditio. In terms of ad exemplum ex empto actionis given to the possessio venalis buyer this paper agrees with dominant theory which excludes an actio ex empto identification. Doubts are expressed however on the amenability of the agere p.v., and the conjecture put forward by E. Sciandrello that there was a revision of Celio Sabino's doctrine by the imperial chancellery is also here contested. In reference to hypotheses of possessio non venalis trade, suspicions are expressed regarding the authenticity of the 'si hoc elergeris' clause, thus attributing an attitude reminiscent of Cels. 3 <8> dig. D.12.4.16.
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