A proposito di Paul. 29 ad ed. - D. 13.6.17.3 (officium, beneficium, commodare)

Abstract

The article deals with the significance and role of the references to officium and beneficium in D. 13.6.17.3, concerning the commentary of Paulus to the iudicium contrarium commodati. In this text ‘officium’ expresses ethic dutifulness tout court; and the key-point of Paulus’ reasoning consists in underlining the coexistence of an ethical and a juridical dimension within the legal operation of commodare. In the light of the comparison between this and some other texts of the same Paulus (D. 17.1.1.4; 39.4.21; 43.1.2.1), it seems possible to suggest – as trace for a specific, future investigation – a peculiar attention of this jurist for ethical perspectives connected to legal institutions.