CTh. 1.2.10 - C. 1.20.1: un confronto testuale in tema di nascita dell'azione ab herede (tra Groningen e Palermo)

After a recollection of the relations between the schools of Palermo and Groningen in the field of Byzantine law, which were fostered by Jan Lokin, and of the scientific profile of the late scholar, the author tackles a textual comparison between the versions of a constitution of Arcadius preserved in the Theodosian Codex and in the Justinian Codex of 534. In the latter, the concluding statement of Arcadius’s lex, which contained the rule that an action cannot be commenced by the heir of a person who had not been the holder of the same action, was eliminated by the compilers of 534: it was in fact in contrast to a constitution of Justinian of 531, which, on the contrary, stated that actions can be commenced by and against heirs and which, in substance, reiterated a provision already issued in 528. A passage from the Basilics, generally overlooked by scholars, shows that Arcadius’ constitution had already been included in the Code of 529 and that it also contained the rule deleted in 534. Evidently, the compilers of the first Justinian Code had not taken the lex of 528 into account and this circumstance probably explains the very insistent and resolute wording with which Justinian in 531 expressly abolished the rule enunciated by Arcadius. This also explains the presence in the 534 Code of both Justinian’s constitutions of 528 and 531, which has been the object of discussion among scholars.