La formula 'ut inter bonos bene agier oportet et sine fraudatione' e la nozione di 'vir bonus'

Abstract

The author examines the formula “ut inter bonos bene agier oportet et sine fraudatione” of the actio fiduciae from the point of view of its internal meaning. In particular, on the grounds of the sources of the third and second century B.C. the author argues (confirming the results of his recent research) that the qualification “vir bonus” underlying the words “inter bonos” indicates an ethical-behavioural perspective, not a social status; and proposes a reading’s hypothesis that attaches an autonomous role to the adverb “bene” (generally considered pleonastic respect to the terms “inter bonos”). The author, finally, shows that the sources do not justify the idea that the meaning of the criterion “ut inter bonos” has changed over time as a consequence of an alleged transformation of the notion of vir bonus.