562 research outputs found
Dicitur etiam capitis deminutione solvi societatem
No full textBy including the capitis deminutio among the causes of dissolution of the societas, Gai 3.153 seemingly quotes an old doctrine already rejected by Iulianus, who had proclaimed the rule of conservation of the societas after the emancipation of a socius (D. 17.2.58.2, Ulp. 31 ad ed.). Nowadays, historiography dismisses the doubts of the interpolationist critique concerning the genuineness of the Ulpian’s fragment. Consequently, it interprets the verb ‘dicitur’ of Gai 3.153 as Gaius’ incertitude regarding the rule of extinction of the societas in case of a capitis deminutio minima of one of the partners. The paper aims at a re-interpretation of Gai 3.153. It appears that, on the one hand, Gaius follows the opinion of Iulianus, whereas, on the other hand, the jurist confirms the ancient rule of conservation of the societas despite the capitis deminutio of one of its partners. More specifically, the goal of this essay is to demonstrate that Gai 3.153 considered only the cases of adrogatio and coemptio of a socius
Proculus' Doctrine on the Economic Purposes of Money
No full textThe essay analyses the jurisprudential debate between Proculians and Sabinians in the light of the Tiberian economic policy, when some laws of Caesar were restored in order to overcome the cash flow crisis of 33 a.D. Nerva’s suicide and Proculus’ remembrance of the civil wars are the background of the juridical thought concerning the purposes (both saving and investment) of money. The author examines the development of the Proculus’ doctrine throughout some fragments of Celsus, Africanus and Scaevola
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