Nuovi dati da PHaun. III 45 + CPL 73 A, B e la codificazione giustinianea: Dissentiones prudentium e l'opera dei compilatori in tema di alienazione della res legata

• Autores: Fara Nasti
• Localización: Mélanges de l'Ecole française de Rome. Antiquité, ISSN 0223-5102, Vol. 125, Nº. 2, 2013
• Idioma: italiano
• Enlaces
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• Resumen

  • In these pages the author presents the recto of PHaun III 45 rejoined with the two fragments published in 1951 by V. Arangio-Ruiz (= CPL73 A, B). The document (whose edition commented has been partly published in 2010) called in a unified way P.Haun legatis et de fideicommissis - is dated to the fourth or fifth century A.D. It contains unpublished jurisprudential responsa of second and third century, not present in the Digesta or in other late classical works that we know (also from other papyraceous fragmenta), which subject matter certainly pertains to legata and fideicommissa. The important and long text (more than a hundred lines), not only offers the opportunity to know new pieces of jurisprudential thought, but also to reflect on the method used by Compilers in the preparation of the Corpus iuris and, in particular, in translating the material sense of the Justinian�s reforms in the field of bequests and trusts. The lines discussed in the essay dealing with the alienation of res legata. The opinions of jurists that it is possible to reconstruct, at least in broad terms, from PHaun., integrate our knowledge especially about the orientation of Celsus and Papinianus and give us news of an unknown constitutio of Septimius Severus. They stand to gain useful insights, both on the comparison of a few lines of new text with Institutiones Iustiniani 2.20.12 and the corresponding passage of the Paraphrase of Theophilus, and, more generally, on the issue of removal of ius controversum in the compilation of Justinian: a theme that, in these lines, also affects the relationship between the auctoritas of jurists and constitutiones principis and must be examined in the light of Justinian�s reforms in the field of bequests and trusts.

    unpublished jurisprudential responsa, bequests and trusts, composition of the Corpus iuris