Atti a modulazione penale e tempistica dell'adempimento: la speculazione giurisprudenziale tra principi e utilitas

The research on the institutes of the stipulatio poenae and the legatum penus reconstructs, through the exegesis of various sources among which D. 45.1.115.1-2 and D. 35.2.1.8, the legal framework provided for the omission of execution time for the primary provision, taking care to keep separate the applications relating to stipulatio poenae and legatum poenus expressed in ‘simple’ modulation (namely in unitary and conditionally form) and those relating to the same institutes in ‘dual’ modulation (namely through two distinct connected arrangements). After that it look into the meaning of the expression ‘in continenti’ which in the view of the jurist Paulus it has to be understood as ‘cum aliquo spatio’ even in light of further elements of comparison on offered by the sources related to the compromissum (D. 4.8.21.12, D. 44.7.23) and pecunia constituta (D. 13.5.21.1). In closing the study highlights a convergence trend of jurists towards standardization of the regime between stipulatio poenae and legatum poenus in default of praefinitio temporis; otherwise concerning the iussus of referee ‘si dies adiectus non sit’ it results became evolved a separate regulation