The article analyses the effects of contracts concluded by alieni iuris, in particular slaves, acts that had all the factual, natural elements suitable for generating a debt-credit relationship; therefore, the jurists ensured them the minimum and indispensable protection of the soluti retentio. In relation to the many hypotheses of naturalis obligatio other than the ‘more typical’ ones of alieni iuris, it is conjectured that they were in substance classic: these were cases not protected procedurally, but nevertheless considered, for various reasons, worthy of some legal consideration, so that was justified the retention in the creditor's hands of what was given; however, the textual reference to natural obligations may have been added later by the Justinian compilers
Obbligazioni e ‘natura’
P. Lambrini
2024
Abstract
The article analyses the effects of contracts concluded by alieni iuris, in particular slaves, acts that had all the factual, natural elements suitable for generating a debt-credit relationship; therefore, the jurists ensured them the minimum and indispensable protection of the soluti retentio. In relation to the many hypotheses of naturalis obligatio other than the ‘more typical’ ones of alieni iuris, it is conjectured that they were in substance classic: these were cases not protected procedurally, but nevertheless considered, for various reasons, worthy of some legal consideration, so that was justified the retention in the creditor's hands of what was given; however, the textual reference to natural obligations may have been added later by the Justinian compilers
Pubblicazioni consigliate
I documenti in IRIS sono protetti da copyright e tutti i diritti sono riservati, salvo diversa indicazione.
