After highlighting the elements which mark the difference between municipal locatio in perpetuum and locatio censoria, the present analysis goes on, basing on the analytical examination of Gai. 3.145, with the reconstruction of the actual importance of the jurisprudential debate about the contractual classification of the perpetual use of praedia municipum, as well as with the justificative ratio that opted prevalently for the solution of the locatio-conductio; the concrete effectiveness of the clause ‘tamdiu pro his vectigal pendatur, quamdiu neque ipsis, qui conduxerint, neque his, qui in locum eorum successerunt, auferri eos liceat’ is connected to this solution. Then, through a proper analysis of the jurisprudential thought of the classic age, it is possible to bypass the supposed difficulties of the doctrine in setting the conductor’s ‘new’ juridical position, thanks to an ad hoc law regulation which was gradually provided for the municipal vectigal concession, in spite of its persistent configuration as a lease.
|Titolo:||Gai. 3.145 e la locatio in perpetuum degli agri vectigales municipum|
|Data di pubblicazione:||2012|
|Appare nelle tipologie:||1.1 Articolo in rivista|