Il ruolo del familiae emptor nel testamentum per aes et libram

Abstract

Among the problems long debated by the scholars about the testament called per aes et libram, the most interesting is the one concerning the original character of the mancipio accipiens-familiae emptor. The Author aims rediscussing the problems concerning the restitution and reconstruction of the formulas in making testamentum per aes et libram, pronounced by the parties, especially by mancipatio accipiens-familiae emptor (only a source – contained in Verona’s Palimpsest – hands down these verba: Gai 2.104). The basic idea of the Author is that the original familiae emptor position in the so-called mancipatio familiae is not assimilable sic et simpliciter to the one of an heir, or a trustee, or an estate owner’s, or a mere executor. His function, in fact, depend on the instructions of the testator to the familiae emptor – person of confidence of the testator (amicus) in the early – regarding the distribution of the familia pecuniaque after the death of the testator.