Sull'inerenza dell'exercitio navis del servus al peculium

• Autores: Lucio Parenti
• Localización: Quaderni Lupiensi di Storia e Diritto, ISSN 2240-2772, Nº. 2, 2012, págs. 91-124
• Idioma: italiano
• Texto completo no disponible (Saber más ...)
• Resumen

  • The sources testify that the exercitio navis could be carried out not only by a "sui iuris", but also from an "alieno iuri subiectus", tipically a slave. It's debated, however, whether this maritime activity of the servus (especially in the presence of "voluntas" of the "dominus" - that would lead to his responsibility "in solidum" -) realized itself within the "peculium" or within the part of the assets of the "dominus". From the very definition of "exercitor" provided by Gaius and Ulpian, as well as through the analysis of certain passages which deal specifically with the "exercitio navis" - in particular, D. 14.1.1.20 (28 to Ulp. ad ed.) and D. 14.1.6 pr. (6 Paul. brev.) - descends that the exercitor made such activities, even in the presence of "voluntas" the "dominus", in his own interest. lt was also unnecessary that the ship was part of the "peculium", but the servus needed to had it in his full availability