Title 3.21 of Justinian’s Institutions, according to the scholars, is a title invented by Justinian’s commissioners, only to maintain the Gaian fourfold division of contracts, but without the literal contract existing in the 6th century AD. This paper aims to recover the meaning of this title. The literal contract, in fact, coincided in Justinian’s law with the attribution of constitutive effects of the obligation to a non stipulatory chirograph of mutuum, as a sanction against the debtor, negligent in exercising the querela and the exceptio non numeratae pecuniae. This mechanism was not invented by Justinian’s commissioners but matches to a precise template of late antique literal contract, regulated by CTh. 2.27.4 and C. 4.21.16.1. However, having made a specific literal contract as a general figure, genereted some troubles on the dogmatic level, especially with regard to the dubious existence of the agreement: Byzantine antecessores tried to find a solution
Sciortino, S. (2024). Gli antecessori e il contratto letterale. ANNALI DEL SEMINARIO GIURIDICO, LXVII, 65-76.
Gli antecessori e il contratto letterale
Sciortino, Salvatore
2024-12-01
Abstract
Title 3.21 of Justinian’s Institutions, according to the scholars, is a title invented by Justinian’s commissioners, only to maintain the Gaian fourfold division of contracts, but without the literal contract existing in the 6th century AD. This paper aims to recover the meaning of this title. The literal contract, in fact, coincided in Justinian’s law with the attribution of constitutive effects of the obligation to a non stipulatory chirograph of mutuum, as a sanction against the debtor, negligent in exercising the querela and the exceptio non numeratae pecuniae. This mechanism was not invented by Justinian’s commissioners but matches to a precise template of late antique literal contract, regulated by CTh. 2.27.4 and C. 4.21.16.1. However, having made a specific literal contract as a general figure, genereted some troubles on the dogmatic level, especially with regard to the dubious existence of the agreement: Byzantine antecessores tried to find a solutionFile | Dimensione | Formato | |
---|---|---|---|
07 Sciortino [65-76] (2).pdf
accesso aperto
Tipologia:
Versione Editoriale
Dimensione
663.33 kB
Formato
Adobe PDF
|
663.33 kB | Adobe PDF | Visualizza/Apri |
I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.