Gai 4.21 e la presunta manus iniectio ex lege Aquilia

Abstract

In this paper the idea that the legis actio per manus iniectionem could be applied for the case of the so called lex Aquilia de damno is disputed. There are no valid reasons to reject Göschen’s proposal to correct into ‘aliqua’ the word ‘aquilia’ which ends the line 15 in the fol. 96 uerso of the palimpsest of Gaius’ Institutes. On the contrary, a global evaluation of many aspects, both philological and juridical, leads to the conclusion that Göschen’s reading of Gai 4.21 has to be accepted.