СРАВНЕНИЕ МЕЖДУ ТЕОДОСИЕВИЯ И ЮСТИНИАНОВИЯ КОДЕКС
THE THEODOSIAN CODE AND THE JUSTINIAN CODE PLACED IN COMPARISON

Summary/Abstract: The Theodosian Code has been object of many studies in the last thirty years, therefore repeating a comparison between Theodosian Code and Justianian Novus Codex seems of considerable interest. So topics that induce to consider CTh. 1.1.6 merely interpretative of CTh. 1.1.5 are studied in this perspective (the most cogent reason is represented by the issues arisen by the Commission in charge of selecting of the western normative material arrived in Costantinopoli almost certainly before 435). In conclusion it seems right to consider Codex published in 438 to be actually the achievement of the first part of the project elaborated in 429. At last the author formulate hypothesis about the reasons why the project of drawing up the Codex magisterium vitae had been abandoned (abandon decided in 435 when codes took the name of the emperor). In relation with Novus codex the author examines the project formulated in 528, the chancellery’s legislative activity during the code editing and the Summa’s provisions related to the legal writings. The conclusions achieved by the author are verified basing on laws regarding writings of classical legal authors dated between autumn of 529 and summer of 530. This exam suggest hypothesis about the decision of editing the Digesta.

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