Postille di sistematica gaiana delle obligationes

Abstract

The author develops and deepens some reflections made in his own previous studies on the subject of the systematics of obligations in the Institutes of Gaius. In particular, new clues are added and further textual exegesis are carried out in relation to some fundamental points of Gaius’ work: the notion of ius obligationis, which is understood as alluding to the subjective position of the creditor holder of an action; the inclusion of this ius among res incorporales and the defence of both the integration ‘ea quae iure consistunt’ and the subjective perspective of this conceptualisation; the framing of legacies among the sources of obligations; the meaning of the category of obligationes re contractae, to which the author proposes to refer legacies; the dichotomy between obligationes ex contractu and obligationes ex delicto in relation to the question of the originality or non-originality of the entire Gaian systematics of obligations.