This article deals with pactum quo (out) minus solvatur in Roman law, focusing, especially, on dignitas’ legal criteria. This pact allowed the hereditary creditors, according to the heirs, to waive part of their credits, in order to avoid bonorum venditio’s process. However, in case of disagreement between creditors, praetor had to identify and impose the will of majority, following criteria set out in D. 2. 14. 8. The paper doesn’t question just the concept of «roman dignity» and the ratio between dignitas and equality, but offers a rereading of these criteria, according to the heritage handed down by rhetoric.
La dignitas quale criterio giuridico nel pactum quo minus solvatur
Roberta Russo
2023
Abstract
This article deals with pactum quo (out) minus solvatur in Roman law, focusing, especially, on dignitas’ legal criteria. This pact allowed the hereditary creditors, according to the heirs, to waive part of their credits, in order to avoid bonorum venditio’s process. However, in case of disagreement between creditors, praetor had to identify and impose the will of majority, following criteria set out in D. 2. 14. 8. The paper doesn’t question just the concept of «roman dignity» and the ratio between dignitas and equality, but offers a rereading of these criteria, according to the heritage handed down by rhetoric.File in questo prodotto:
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