Condictio e causa actionis
- Autori: Varvaro, M
- Anno di pubblicazione: 2014
- Tipologia: Articolo in rivista (Articolo in rivista)
- Parole Chiave: Condictio; actio certi ex stipulatu; causa actionis; formula; astrattezza; praescriptio; pro Roscio comoedo.
- OA Link: http://hdl.handle.net/10447/104744
Abstract
Since the publication of Julius Baron’s book about the condictiones in 1881, the condictio of the Roman formulary procedure is considered as an ‘abstract’ action. In Baron’s opinion this peculiar nature was due to the fact that its formula never mentioned – and could not mention – the basis of the claim neither in its intentio, nor in a demonstratio, nor in a praescriptio. By considering the two formulae of condictio certae pecuniae recorded in TPSulp. 31, this paper focuses on the concept of causa actionis in order to call into question the gospel of the ‘abstractness’ of the formular condictio. A new analysis of the sources leads to the conclusion that in the formulary procedure the condictio was an action just potentially ‘abstract’. Its causa was taken in consideration still during the phase in iure and in some cases was expressed in a praescriptio.