Nota minima sul comodato c.d. ad pompam vel ostentationem

Abstract

On the basis of the exegesis of certain texts in the Justinian’s Digest, namely 13.6.3.6 (Ulp. 28 ad ed.), 12.1.18.1 (Ulp. 7 disp.), 13.6.4 (Gai. 1 de verb. obl.), 46.3.67 (Marc. 13 dig.), the Author formulates some considerations on the commodatum so-called ad pompam vel ostentationem, pointing out that the applications related to that anomalous commodatum were more complex and not merely confined to the idea of exhibiting id quod usu non consumitur for ‘pomp’, id est (by doing) ‘ostentation’. The basic idea of the Author is that Ulpian has specifically designated two terms, ‘pompa vel ostentatio’, to refer to two different (but not opposing) application spheres, in an attempt to synthesis conceived by the jurist.