Note a margine di Paul. 5 quaest. D. 19.5.5.4-5
- Authors: Giuseppe Romano
- Publication year: 2021
- Type: Articolo in rivista
- OA Link: http://hdl.handle.net/10447/536183
Abstract
The paper deals with Paul. 5 quaest., a well-known text on subject of innominate contracts. The author comes to the conclusion that the current version of the text is largely interpolated. At least for § 5, the concession of the contractual action must be attributed to Justinian’s compilers. Great caution is required for § 4, although the use of the agere praescriptis verbis is to be excluded for relationships involving a factum, quod locari non possit: for such relationships, the use of the the actio de dolo or actio in factum must be assumed, as appropriate.