Authors
Luca Casarotti
Publication date
2019/1/1
Journal
ATHENAEUM-STUDI PERIODICI DI LETTERATURA E STORIA DELL ANTICHITA
Volume
107
Issue
2
Pages
503-527
Publisher
NEW PRESS SNC
Description
If a pupil was assigned multiple guardians, a clause of the praetor's edict established the procedure called provocatio ad satisdationem meant to identify who among these guardians would be administering the pupil's patrimony. This clause, however, only concerned those tutors who were appointed by the father to his son in a will. In D. 26.4.5.3, Ulpian sustained that, by analogy with the praetor's edict, the provocatio ad satisdationem could also be applied to tutors nominated according to the law of the XII Tables, and to tutors appointed by the municipal magistrates. The article examines the textual peculiarities and the juridical perspective of Ulpian's passage. Since many modern commentators hold that the compilers of Justinian's Digest interpolated this excerpt, a new reading of its constitutio textus is needed. The analysis of the normative content of the text focuses especially on the reasons that guided Ulpian to …
Scholar articles
L Casarotti - ATHENAEUM-STUDI PERIODICI DI LETTERATURA E …, 2019