«MAIORA QUIS PONDERA TIBI COMMODAVIT CUM EMERES AD PONDUS». БЕЛЕЖКИ КЪМ D. 47.2.52.22 (ULP., 37 AD ED.)
"MAIORA QUIS PONDERA TIBI COMMODAVIT CUM EMERES AD PONDUS". NOTES TO D. 47.2.52.22 (ULP., 37 AD ED.)
Author(s): Mariagrazia RizziSubject(s): Law, Constitution, Jurisprudence, History of Law, Criminal Law, International Law, Human Rights and Humanitarian Law, Law and Transitional Justice, Law on Economics, Philosophy of Law, EU-Legislation, Sociology of Law, Maritime Law, Court case, Sharia Law, Labour and Social Security Law, Roman law
Published by: Софийски университет »Св. Климент Охридски«
Keywords: Mela; furtum; D. 47.2.52.22.
Summary/Abstract: The article is aimed at a thorough analysis of the solution of a legal case originally offered by Mela and then proposed again by Ulpian, regarding the lending of pondera maiora, which were used by the borrower to weigh goods for the purpose of purchasing said goods. Mela identifies the lender of the weights as a legitimate subject to an actio furti brought in by the seller of those goods; the text also contains an additional remark that the borrower/buyer will have to respond to the same action, if he has scientia about the incorrectness of the weights. The author examines the various hypotheses brought forward by scholars so far, and offers a new interpretative key to the case in an attempt to understand the reasoning that might have led Mela to his solution – a reasoning, which possibly might have been more sophisticated than recognized until now.
Journal: IUS ROMANUM
- Issue Year: 2021
- Issue No: 1
- Page Range: 225-245
- Page Count: 21
- Language: Bulgarian